S3194

An Act concerning the New Jersey-Delaware Territorial Boundary Adjustment Compact and supplementing Title 32 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. The State of New Jersey enacts and enters into the New Jersey-Delaware Territorial Boundary Adjustment Compact with the State of Delaware in the agreement in the form substantially as follows:

Article I. Findings and Statement of Purpose.

1. a. The participating states to this agreement find that:

(1) the territorial boundary of Delaware was established by a deed of feoffment from the Duke of York to William Penn in 1682 describing the Delaware territory within a 12-mile circle, including the river, its islands, and soil;

(2) since the territorial boundary was established, two pieces of land called Artificial Island and Finns Point have emerged from the Delaware River and are connected physically to the land boundary of the State of New Jersey;

(3) the boundary drawn in the 17th century causes Artificial Island and Finns Point to be the territory of Delaware;

(4) Delaware’s ownership of Artificial Island and Finns Point presents continuing practical and legal challenges concerning the land’s management and oversight; and

(5) it is time that ownership of Artificial Island and Finns Point be relinquished to New Jersey.

b. It is the policy of New Jersey and Delaware to:

(1) agree to an adjusted territorial boundary line that allows Delaware to retain control of the Delaware River up to the low water mark on the eastern side of the Delaware River, as originally established, while releasing control of Artificial Island and Finns Point to New Jersey; and

(2) cooperate with any federal entities, such as the United States Congress and the United States Supreme Court, on any investigations, actions, and decisions related to this compact and the request for approval of an adjusted territorial boundary between the two states.

c. The purpose of this compact is to:

(1) provide for the territorial boundary between New Jersey and Delaware to be redrawn to reallocate Artificial Island and Finns Point to New Jersey’s ownership and control; and

(2) empower the Governor of New Jersey to enter into negotiations with the Governor of Delaware to oversee the process of defining the adjusted territorial boundary between the two states, in accordance with the compact.

Article II. Definitions

2. As used in this compact, and except as otherwise provided, the following definitions shall apply:

“Artificial Island” means the exclave connected to Lower Alloways Creek Township, Salem County, New Jersey that is owned by Delaware.

“Compact” means this New Jersey-Delaware Territorial Boundary Adjustment Compact.

“Finns Point” means the exclave connected to Pennsville Township, Salem County, New Jersey that is owned by Delaware.

“Joint New Jersey-Delaware Territorial Boundary Adjustment Commission” means the commission established in this compact by the Governors of New Jersey and Delaware tasked with drawing the adjusted territorial boundary between New Jersey and Delaware.

“Territorial boundary” means the line that separates the territorial limits of New Jersey and Delaware.

Article III. Rights Preserved

3. Nothing herein contained shall affect the territorial limits, rights or jurisdiction of either state of, in or over the Delaware River, or the ownership of the subaqueous soil thereof, except as herein expressly set forth.

Article IV. State Requirements

4. The Governors of the State of New Jersey and the State of Delaware shall establish a Joint New Jersey-Delaware Territorial Boundary Adjustment Commission. The Governors shall each appoint two surveyors employed by each respective State to the commission. The four surveyors shall work collaboratively to establish the adjusted territorial boundary between New Jersey and Delaware in order to transfer the ownership of Artificial Island and Finns Point from Delaware to New Jersey. The surveyors on the commission shall be available to any federal entities that may be involved in establishing the adjusted territorial boundary, such as the United States Congress, the United States Supreme Court, and the United States Geological Survey.

Article V. Oversight, Dispute Resolution, and Enforcement

5. a. The executive branch of State government in New Jersey and Delaware shall take all actions necessary and appropriate to implement this compact.

b. This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the United States Constitution or federal law, or to the constitution or laws of any participating state, or if the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact shall not be affected thereby.

c. Any controversy arising under this compact or concerning its contents shall be brought before the United States Supreme Court under the laws of the United States, and in accordance with federal rules.

Article VI. Amendment, Withdrawal, and Effective Date

6. a. Adoption of an amendment to this compact shall require endorsement through legislation by both New Jersey and Delaware and the consent of Congress before it becomes effective.

b. Withdrawal from the terms of this compact shall only be successful upon approval from the other state and any federal entities that may be necessary, such as the United States Congress or the United States Supreme Court. Such proposal for withdrawal shall be accompanied by a new compact to redraw the New Jersey-Delaware territorial boundary.

c. This compact shall take effect upon both the enactment of legislation having an identical effect by the State of Delaware and the consent of Congress thereto; however, if the State of Delaware has already enacted such legislation, this compact shall take effect immediately upon the consent of Congress thereto.

2. This act shall take effect immediately.

STATEMENT

This bill enters New Jersey into the New Jersey-Delaware Territorial Boundary Adjustment Compact. The purpose of the compact is to redraw the territorial boundary line between New Jersey and Delaware in order to transfer ownership of Artificial Island and Finns Point from Delaware to New Jersey.

The territorial boundary of Delaware was established via a deed of feoffment from the Duke of York to William Penn in 1682. The feoffment described the Delaware territory within a 12-mile circle, including the river and any islands and soil within. In the time since the territorial boundary was established, two pieces of land called Artificial Island and Finns Point have emerged within the Delaware River. These pieces of land are physically connected to the State of New Jersey, but the boundary drawn in the 17th century, before these pieces of land emerged, places Artificial Island and Finns Point in Delaware’s territory. Delaware’s ownership of Artificial Island and Finns Point presents continuing practical and legal challenges concerning the land’s management and oversight. This compact determines that it is time that ownership of Artificial Island and Finns Point be relinquished to New Jersey.

In this compact, New Jersey and Delaware agree to an adjusted territorial boundary line that allows Delaware to retain control of the Delaware River up to the low water mark on the eastern side of the Delaware River, as originally established, while releasing control of Artificial Island and Finns Point to New Jersey. Both states will cooperate with any federal entities, such as the United State Congress and the United States Supreme Court, on any investigations, actions, and decisions related to this compact.

Nothing in the compact will affect the territorial limits, rights or jurisdiction of either state of, in or over the Delaware River, or the ownership of the subaqueous soil thereof, except as noted in the compact.

The Governor of New Jersey is empowered by this compact to enter into negotiations with the Governor of Delaware to oversee the process of defining the adjusted territorial boundary between the two states. This process will include the establishment of a Joint New Jersey-Delaware Territorial Boundary Adjustment Commission. The Governors of New Jersey and Delaware will each appoint two surveyors employed by each respective state to the commission. The four surveyors will work collaboratively to establish the adjusted territorial boundary between New Jersey and Delaware in order to transfer the ownership of Artificial Island and Finns Point from Delaware to New Jersey. The surveyors on the commission will be available to any federal entities that may be involved in establishing the adjusted territorial boundary, such as the United States Congress, the United States Supreme Court, and the United States Geological Survey.

The executive branch of state government in New Jersey and Delaware will enforce this compact and take all actions necessary and appropriate to implement the compact. This compact will be liberally construed so as to effectuate the purposes stated in the compact. Any dispute over the compact and its contents, including judicial proceedings by or against either New Jersey or Delaware, are required to be brought before the United States Supreme Court.

Adoption of an amendment to the compact will require endorsement by both New Jersey and Delaware through legislation and will require the consent of Congress. Withdrawal from the terms of the compact will only be successful upon approval from the other state and any federal entities that may be necessary, such as the United States Congress or the United States Supreme Court. Such proposal for withdraw will be accompanied by a new compact to redraw the New Jersey-Delaware territorial boundary.

The compact will take effect upon both the enactment of legislation having an identical effect by the State of Delaware and the consent of Congress. However, if the State of Delaware has already enacted such legislation, this compact will take effect immediately upon the consent of Congress.