Harlan F. Stone

“ But this reasoning overlooks the important circumstance that the Pennsylvania courts have consistently ruled that the constitutional provision is without application where there is no taking by eminent domain, and that municipal corporations or others, although possessed of the power of eminent domain, are not liable for consequential damages inflicted by the erection of structures wholly on their own land acquired by purchase. ”

“ It will be noted that the effect of these provisions is to authorize the Commission to acquire 'real property' by purchase or by eminent domain, and that by definition real property includes 'interests in land' which are so defined as to include 'claims for damage to real estate', and that, where resort to eminent domain is needful for the acquisition of such interests, the exercise of that power is to be 'in the manner provided' in the New Jersey statute of 1912 as amended. ”

“ The question is of the right of respondents to recover consequential damages to their New Jersey land, due to interference with their access to the land and with their light, air and view caused by petitioner's construction of a bridge abutment on adjacent land. The answer turns on the question whether the Compact of 1934 between New Jersey and Pennsylvania authorizing the construction of the bridge and its approaches, excluded the application to petitioner of a New Jersey statute without which respondents would enjoy no right of recovery under New Jersey law. ”