Enters NJ in New Jersey-Delaware Territorial Boundary Adjustment Compact.

S3194

SENATE, No. 3194

STATE OF NEW JERSEY

222nd LEGISLATURE

�

INTRODUCED JANUARY 28, 2026

Sponsored by:

Senator� MICHAEL L. TESTA, JR.

District 1 (Atlantic, Cape May and Cumberland)

SYNOPSIS

���� Enters NJ in New Jersey-Delaware Territorial Boundary
Adjustment Compact.

CURRENT VERSION OF TEXT

���� As introduced.

��

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.