NY Rapid Trans L § 21 (2021)
2021 New York Laws RAT - Rapid Transit Article 3 - Determination of Necessity for Railroads and Approval of Routes 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.