Hess v. Port Authority Trans-Hudson Corporation, 513 U.S. 30, 16 (1994)

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Cite as: 513 U. S. 30 (1994)

Opinion of the Court

tic"; 15 "municipal corporate instrumentality of the two states for the purpose of developing the port and effectuating the pledge of the states in the . . . compact." 16 State courts, however, repeatedly have typed the Port Authority an agency of the States rather than a municipal unit or local district. See, e. g., Whalen v. Wagner, 4 N. Y. 2d 575, 581- 583, 152 N. E. 2d 54, 56-57 (1958) (legislation authorizing specific Port Authority projects does not pertain to the "property, affairs or government" of a city because "the matters over which the Port Authority has jurisdiction are of State concern").

Port Authority functions are not readily classified as typically state or unquestionably local. States and municipalities alike own and operate bridges, tunnels, ferries, marine terminals, airports, bus terminals, industrial parks, also commuter railroads.17 This consideration, therefore, does not advance our Eleventh Amendment inquiry.

Pointing away from Eleventh Amendment immunity, the States lack financial responsibility for the Port Authority. Conceived as a fiscally independent entity financed predominantly by private funds, see United States Trust Co. of N. Y. v. New Jersey, 431 U. S., at 4, the Authority generates its own revenues, and for decades has received no money from the States. See Commissioner v. Shamberg's Estate, 144 F. 2d 998, 1002 (CA2 1944) ("In the compact . . . the states agreed to make annual appropriations (not in excess of $100,000 for each state) for expenses of the Authority until

15 N. J. Stat. Ann. § 32:1-4 (West 1990); N. Y. Unconsol. Law § 6404 (Mc-Kinney 1979); accord, N. J. Stat. Ann. § 32:1-7 (West 1990); N. Y. Unconsol. Law § 6407 (McKinney 1979).

16 N. J. Stat. Ann. § 32:1-33 (West 1990); N. Y. Unconsol. Law § 6459 (Mc-Kinney 1979).

17 Other Authority facilities, such as the World Trade Center, an office complex housing numerous private tenants, see 1993 Annual Financial Report 33-35, and the Teleport, a satellite communications center, see id., at 30, are not typically operated by either States or municipalities.

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