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Session Laws, 1965
Volume 676, Page 1417   View pdf image (33K)
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J. MILLARD TAWES, Governor                       1417

shall not be liable for any torts occurring in the performance of a
governmental function. The exclusive remedy for such breach of
contracts and torts for which the Authority shall be liable, as herein
provided, shall be by suit against the Authority. Nothing contained in
this Title shall be construed as a waiver by the District of Columbia,
Maryland, Virginia and the counties and cities within the Zone of any
immunity from suit.

317-81. Jurisdiction of Courts

The United States District Courts shall have original jurisdiction,
concurrent with the Courts of Maryland and Virginia, of all actions
brought by or against the Authority and to enforce subpoenas issued
under this Title. Any such action initiated in a State Court shall be
removable to the appropriate United States District Court in the
manner provided by Act of June 25, 191*8, as amended (28 U.S.C.
1446).

317-82. Condemnation

(a)  The Authority shall have the power to acquire by condemna-
tion, whenever in its opinion it is necessary or advantageous to the
Authority to do so, any real or personal property, or any interest
therein, necessary or useful for the transit system authorized herein,
except property owned by the United States, by a signatory, or any
political subdivision thereof, or by a private transit company.

(b)  Proceedings for the condemnation of property in the District
of Columbia shall be instituted and maintained under the Act of
December 23, 1963 (77 Stat. 577-581, D.C. Code 1961, Supp. IV, Sec-
tions 1351-1368). Proceedings for the condemnation of property
located elsewhere within the Zone shall be instituted and maintained,
if applicable, pursuant to the provisions of the Act of August 1,
1888, as amended (25 Stat. 357, 40 U.S.C. 257) and the Act of June
25, 1948 (62 Stat. 935 and 937, 28 U.S.C. 1358 and 1403) or any other
applicable Act; provided, however, that if there is no applicable
federal law, condemnation proceedings shall be in accordance with
the provisions of the state law of the signatory in which the property
is located governing condemnation by the highway agency of such
state. Whenever the words "real property," "realty," land," "ease-
ment," "right-of-way," or words of similar meaning are used in any
applicable federal or state law relating to procedure, jurisdiction and
venue, they shall be deemed, for the purposes of this Title, to include
any personal property authorized to be acquired hereunder.

(c)  Any award or compensation for the taking of property
pursuant to this Title shall be paid by the Authority, and none of the
signatory parties nor any other agency, instrumentality or political
subdivision thereof shall be liable for such award or compensation.

317-83. Engagement ENLARGEMENT and Withdrawal; Duration—

(a) When advised in writing by the Northern Virginia Trans-
portation Commission or the Washington Suburban Transit Commis-
sion that the geographical area embraced therein has been enlarged,
the Board, upon such terms and conditions as it may deem appro-
priate, shall by resolution enlarge the Zone to embrace the additional
area.


 

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Session Laws, 1965
Volume 676, Page 1417   View pdf image (33K)
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