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§ 362. “The Commonwealth may Acquire any Property … not Exclusively Used.”

The Commonwealth has a general power (sec. 51—xxxi.) to make laws for the acquisition of property on just terms from any State for any purpose in respect of which the Parliament has power to make laws. Legislation under that section would—assuming legislation to be necessary—apply to acquisitions for the purpose of this section; except as to the ascertainment of value and the mode of compensation, for which special provision is here made. If the Commonwealth and the State are agreed as to the property to be transferred, it appears that this section of itself is sufficient authority for the transfer, without any federal legislation; but if there is any dispute, legislation will be necessary to prescribe the mode of acquisition.

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