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This entry was published on 2014-09-22
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SECTION 16
Whenever the port authority, after opportunity to the parties affected or to be affected thereby to be heard, shall determine any fact or...
Development of Port of New York 43/22 (DPN) CHAPTER ROOT
§ 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.