N.Y. DPN Law § 16 — New York Code / Act DPN / 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...
Status: in_force

§ 16. Whenever the port authority, after opportunity to the parties\naffected or to be affected thereby to be heard, shall determine any fact\nor matter which it is authorized by any law to hear or determine, or\nthat any step in the effectuation of the comprehensive plan is or in the\nnear future will be economically practicable, it shall make its findings\nin writing, setting forth its reasons therefor, and such findings shall\nbe and be deemed to be a determination by the port authority, under and\npursuant to law. Upon such determination an appropriate order may be\nentered by the port authority and be made effective and may be enforced\nas herein provided.\n  If such findings or determination shall require the use of existing\nfacilities or any part thereof described in the law, owned or operated\nby any carrier or carriers, then the port authority may order and\nrequire the carrier or carriers owning or operating said railroad\nfacilities or part thereof to permit the use of such facilities or part\nthereof upon the payment of reasonable compensation therefor. If the\ncarrier or carriers affected or to be affected by such order shall not\nbe able, within the time to be specified in its order by the port\nauthority, to agree among themselves upon the compensation to be paid by\na user to a proprietor or operator for the use of such existing\nfacilities or part thereof, then the port authority shall make\ndetermination of the amount to be paid by the user to the proprietary\ncarrier or carriers, taking all the facts and circumstances into\naccount, including the public use to which such facilities have been\nput; or, at its option, the port authority may apply to the supreme\ncourt of this state, either in a separate proceeding or in proceedings\nby mandamus or injunction to enforce its order, to fix and determine the\nfair and reasonable compensation to be paid by the user to the\nproprietary carrier or carriers for such use. If any carrier shall be\ndissatisfied with the findings of the port authority in the matter of\nthe compensation to be paid for the use of any existing facility, it\nshall have the right to review the same in the supreme court of this\nstate by taking appropriate proceedings for such review within sixty\ndays from the service of the order of the port authority, but pending\nsuch review the order for the use of such facilities shall be operative,\nthe determination of the compensation by the court to relate back to the\ntime of the commencement of such user, unless the court shall for good\nand proper reasons enjoin the operation of such order.\n  If, in the determination of steps to effectuate the comprehensive\nplan, the port authority shall determine that one or more union terminal\nstations are then, or in the near future, economically practicable, it\nshall call a conference of all the carriers affected or to be affected\nby the use of such terminal stations or station and shall submit to them\na plan or plans for the construction, maintenance and use thereof.  If\nthe carriers or any of them shall fail or refuse to agree upon such\nplan, the port authority shall make and certify its findings and\nconclusions to the supreme court of this state, and the said court is\nvested with appropriate and adequate jurisdiction to determine whether\nor not such plan or plans for a union station or stations effectuate the\ncomprehensive plan, and to make such conditions and impose such terms as\nwill carry out the same in accordance with the principles embraced in\nthe comprehensive plan and the laws governing the same.\n