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This entry was published on 2014-09-22
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SECTION 21
Approval and consent of board of estimate and the mayor
Rapid Transit (RAT) CHAPTER 48-A, ARTICLE 3
§ 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.