N.Y. Rapid Transit Law § 21: Approval and consent of board of estimate and the mayor

§ 21. Approval and consent of board of estimate and the mayor. a.

After any determination by the board of transportation of any such route

and of any general plan of construction or establishment of such

railroad the board shall transmit to the board of estimate a copy of

such plans and conclusions as adopted. It shall be the duty of such

board of estimate upon receiving such copy of plans and conclusions, to

hold a public hearing upon the proposed route or any extension,

modification or change of route, other than a rapid transit route, at

which citizens shall be entitled to appear and be heard. No such hearing

shall be held until after notice thereof and of the proposed route,

extension, modification or change of route, other than a rapid transit

route, and the proposed resolution authorizing the same shall have been

published in full for at least fifteen days, except Sundays and legal

holidays, immediately prior thereto in the City Record, and at least

twice in two newspapers published in the borough or boroughs affected,

to be designated by the board of estimate. Within sixty days after the

copy of such plans and conclusions adopted by the board of

transportation shall have first been received by such board of estimate,

a final vote shall be taken thereon, by ayes and nays, according to the

number of votes by law pertaining to each member of such board in the

form of a vote upon a resolution to approve such plans and conclusions

and to consent to the construction of a railroad in accordance

therewith. The board of estimate within sixty days shall transmit its

written consent or refusal to the board of transportation. The period

of sixty days, however, may be extended by resolutions adopted by both

such boards.

b. Upon the adoption of such a resolution by a majority vote of all

the members of such board of estimate, according to the number of votes

by law pertaining to each member of any such board and the approval of

the mayor, such plans and conclusions shall be deemed to have been

finally consented to and adopted.

c. Upon obtaining the approval and consent of the board of estimate

and the mayor, as above provided, the New York city transit authority

shall publish a notice of the intent of the authority to construct the

railroad in accordance with the route and general plan for which

approval and consent of the board of estimate and the mayor has been

obtained, which notice shall be published for fifteen days in the city

record and at least twice in two newspapers of general circulation in

the borough or boroughs affected. Said notice shall contain a

description of the route of the railroad proposed to be constructed and

a notice to abutting property owners setting forth the time within which

such owners may file with the authority objections to the construction

of said railroad. Such time shall be not less than ninety days after the

first publication of the said notice in the city record and said two

newspapers. An abutting property owner who fails within said period to

file with the authority a verified objection setting forth a general

description of his property, the assessed valuation thereof and the

grounds for the objection, shall be deemed to have consented to the

construction of the railroad in accordance with the route and general

plan approved and consented to by the board of estimate and the mayor.

For the purposes of this chapter, the value of the property bounded on a

route along which it is proposed to construct a railroad shall be

ascertained and determined from the assessment rolls of the city,

confirmed or completed last before the board of estimate and the mayor

shall have given their consent as above provided. In the event that the

owners of less than one-half in value of the property bounded on object

within the time limited therefor to the construction of such railroad,

the authority shall certify to the mayor and to the board of estimate

that the notice provisions hereof have been complied with and that less

than the owners of one-half in value of the property bounded on have

duly filed objections, whereupon the authority may construct and operate

the said railroad. In the event that the owners of one-half or more in

value of the property bounded on shall within such period object to the

construction of the railroad as in this section provided, consent for

the construction of the said railroad shall be obtained in the manner

provided in paragraph d of this section.

d. In the event that the owners of one-half or more in value of the

property bounded on any route file objections to the construction of a

railroad as provided in paragraph c of this section, the New York city

transit authority shall apply ex parte to the appellate division of the

supreme court in any department in which such railroad or a part thereof

is to be constructed, for the appointment of a commissioner to determine

and report after due hearing whether such railroad ought to be

constructed. Such appellate division shall appoint a disinterested

person who shall act as a commissioner and such commissioner within ten

days after his appointment shall cause public notice of his first

hearing to be given in a manner directed by such appellate division and

he may adjourn from time to time. After public hearing of all parties

interested in whether such railroad ought to be constructed such

commissioner shall report the evidence taken to such appellate division,

together with his recommendation whether such railroad ought to be

constructed, which report shall be submitted for confirmation by the

appellate division. Such report shall be made within sixty days after

the appointment of such commissioner unless the court, for good cause

shown, shall extend such time for an additional period of not to exceed

thirty days. If such appellate division determines that the railroad

ought to be constructed the authority may proceed to construct such

railroad in accordance with the route and general plan approved and

consented to by the board of estimate and the mayor.

e. No such city shall be required to obtain the permission and

approval of, or a certificate of public convenience and necessity from,

the department of public service or any division thereof, to operate any

surface railroad, unless the route of such railroad shall parallel over

the major portion thereof the route of an existing railroad, not

publicly owned and less than three blocks distant therefrom.