Bill > S4671

Introduced Session

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.

AI Summary

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Mike Testa (R)*, 

Introduced in the Senate, Referred to Senate Environment and Energy Committee (on 06/30/2025)

Official Document