N.Y. Development of Port of New York 43/22 § 16: Whenever the port authority, after opportunity to the parties affected or to be affected thereby to be heard, shall determine any fact or...

§ 16. Whenever the port authority, after opportunity to the parties

affected or to be affected thereby to be heard, shall determine any fact

or matter which it is authorized by any law to hear or determine, or

that any step in the effectuation of the comprehensive plan is or in the

near future will be economically practicable, it shall make its findings

in writing, setting forth its reasons therefor, and such findings shall

be and be deemed to be a determination by the port authority, under and

pursuant to law. Upon such determination an appropriate order may be

entered by the port authority and be made effective and may be enforced

as herein provided.

If such findings or determination shall require the use of existing

facilities or any part thereof described in the law, owned or operated

by any carrier or carriers, then the port authority may order and

require the carrier or carriers owning or operating said railroad

facilities or part thereof to permit the use of such facilities or part

thereof upon the payment of reasonable compensation therefor. If the

carrier or carriers affected or to be affected by such order shall not

be able, within the time to be specified in its order by the port

authority, to agree among themselves upon the compensation to be paid by

a user to a proprietor or operator for the use of such existing

facilities or part thereof, then the port authority shall make

determination of the amount to be paid by the user to the proprietary

carrier or carriers, taking all the facts and circumstances into

account, including the public use to which such facilities have been

put; or, at its option, the port authority may apply to the supreme

court of this state, either in a separate proceeding or in proceedings

by mandamus or injunction to enforce its order, to fix and determine the

fair and reasonable compensation to be paid by the user to the

proprietary carrier or carriers for such use. If any carrier shall be

dissatisfied with the findings of the port authority in the matter of

the compensation to be paid for the use of any existing facility, it

shall have the right to review the same in the supreme court of this

state by taking appropriate proceedings for such review within sixty

days from the service of the order of the port authority, but pending

such review the order for the use of such facilities shall be operative,

the determination of the compensation by the court to relate back to the

time of the commencement of such user, unless the court shall for good

and proper reasons enjoin the operation of such order.

If, in the determination of steps to effectuate the comprehensive

plan, the port authority shall determine that one or more union terminal

stations are then, or in the near future, economically practicable, it

shall call a conference of all the carriers affected or to be affected

by the use of such terminal stations or station and shall submit to them

a plan or plans for the construction, maintenance and use thereof. If

the carriers or any of them shall fail or refuse to agree upon such

plan, the port authority shall make and certify its findings and

conclusions to the supreme court of this state, and the said court is

vested with appropriate and adequate jurisdiction to determine whether

or not such plan or plans for a union station or stations effectuate the

comprehensive plan, and to make such conditions and impose such terms as

will carry out the same in accordance with the principles embraced in

the comprehensive plan and the laws governing the same.