§ 21 — Approval and consent of board of estimate and the mayor

§ 21. Approval and consent of board of estimate and the mayor. a.\nAfter any determination by the board of transportation of any such route\nand of any general plan of construction or establishment of such\nrailroad the board shall transmit to the board of estimate a copy of\nsuch plans and conclusions as adopted. It shall be the duty of such\nboard of estimate upon receiving such copy of plans and conclusions, to\nhold a public hearing upon the proposed route or any extension,\nmodification or change of route, other than a rapid transit route, at\nwhich citizens shall be entitled to appear and be heard. No such hearing\nshall be held until after notice thereof and of the proposed route,\nextension, modification or change of route, other than a rapid transit\nroute, and the proposed resolution authorizing the same shall have been\npublished in full for at least fifteen days, except Sundays and legal\nholidays, immediately prior thereto in the City Record, and at least\ntwice in two newspapers published in the borough or boroughs affected,\nto be designated by the board of estimate. Within sixty days after the\ncopy of such plans and conclusions adopted by the board of\ntransportation shall have first been received by such board of estimate,\na final vote shall be taken thereon, by ayes and nays, according to the\nnumber of votes by law pertaining to each member of such board in the\nform of a vote upon a resolution to approve such plans and conclusions\nand to consent to the construction of a railroad in accordance\ntherewith. The board of estimate within sixty days shall transmit its\nwritten consent or refusal to the board of transportation. The period\nof sixty days, however, may be extended by resolutions adopted by both\nsuch boards.\n b. Upon the adoption of such a resolution by a majority vote of all\nthe members of such board of estimate, according to the number of votes\nby law pertaining to each member of any such board and the approval of\nthe mayor, such plans and conclusions shall be deemed to have been\nfinally consented to and adopted.\n c. Upon obtaining the approval and consent of the board of estimate\nand the mayor, as above provided, the New York city transit authority\nshall publish a notice of the intent of the authority to construct the\nrailroad in accordance with the route and general plan for which\napproval and consent of the board of estimate and the mayor has been\nobtained, which notice shall be published for fifteen days in the city\nrecord and at least twice in two newspapers of general circulation in\nthe borough or boroughs affected. Said notice shall contain a\ndescription of the route of the railroad proposed to be constructed and\na notice to abutting property owners setting forth the time within which\nsuch owners may file with the authority objections to the construction\nof said railroad. Such time shall be not less than ninety days after the\nfirst publication of the said notice in the city record and said two\nnewspapers. An abutting property owner who fails within said period to\nfile with the authority a verified objection setting forth a general\ndescription of his property, the assessed valuation thereof and the\ngrounds for the objection, shall be deemed to have consented to the\nconstruction of the railroad in accordance with the route and general\nplan approved and consented to by the board of estimate and the mayor.\nFor the purposes of this chapter, the value of the property bounded on a\nroute along which it is proposed to construct a railroad shall be\nascertained and determined from the assessment rolls of the city,\nconfirmed or completed last before the board of estimate and the mayor\nshall have given their consent as above provided. In the event that the\nowners of less than one-half in value of the property bounded on object\nwithin the time limited therefor to the construction of such railroad,\nthe authority shall certify to the mayor and to the board of estimate\nthat the notice provisions hereof have been complied with and that less\nthan the owners of one-half in value of the property bounded on have\nduly filed objections, whereupon the authority may construct and operate\nthe said railroad. In the event that the owners of one-half or more in\nvalue of the property bounded on shall within such period object to the\nconstruction of the railroad as in this section provided, consent for\nthe construction of the said railroad shall be obtained in the manner\nprovided in paragraph d of this section.\n d. In the event that the owners of one-half or more in value of the\nproperty bounded on any route file objections to the construction of a\nrailroad as provided in paragraph c of this section, the New York city\ntransit authority shall apply ex parte to the appellate division of the\nsupreme court in any department in which such railroad or a part thereof\nis to be constructed, for the appointment of a commissioner to determine\nand report after due hearing whether such railroad ought to be\nconstructed. Such appellate division shall appoint a disinterested\nperson who shall act as a commissioner and such commissioner within ten\ndays after his appointment shall cause public notice of his first\nhearing to be given in a manner directed by such appellate division and\nhe may adjourn from time to time. After public hearing of all parties\ninterested in whether such railroad ought to be constructed such\ncommissioner shall report the evidence taken to such appellate division,\ntogether with his recommendation whether such railroad ought to be\nconstructed, which report shall be submitted for confirmation by the\nappellate division. Such report shall be made within sixty days after\nthe appointment of such commissioner unless the court, for good cause\nshown, shall extend such time for an additional period of not to exceed\nthirty days. If such appellate division determines that the railroad\nought to be constructed the authority may proceed to construct such\nrailroad in accordance with the route and general plan approved and\nconsented to by the board of estimate and the mayor.\n e. No such city shall be required to obtain the permission and\napproval of, or a certificate of public convenience and necessity from,\nthe department of public service or any division thereof, to operate any\nsurface railroad, unless the route of such railroad shall parallel over\nthe major portion thereof the route of an existing railroad, not\npublicly owned and less than three blocks distant therefrom.\n