2023 New York Laws › DPN - Development of Port of New York 43/22

Chapter 43 of the laws of 1922 relating to
the development of the port of New York
Whereas,  The  states  of  New York and New Jersey on the thirtieth of
April, nineteen hundred and twenty-one, pursuant to chapter one  hundred
and  fifty-four  of  the  laws of nineteen hundred and twenty-one of New
York and chapter one hundred and  fifty-one  of  the  laws  of  nineteen
hundred  and  twenty-one  of  New  Jersey,  did  enter into a compact or
agreement which pledged the two states to faithful  cooperation  in  the
future  planning  and  development  of  the port of New York, and which,
furthermore,  created  the  port  of  New  York  district,  as   therein
described,  and  the  port  of  New  York  authority, a body politic and
corporate, as  an  instrumentality  or  agency  of  the  two  states  to
effectuate such pledge of cooperation;
And  whereas,  The  said  compact or agreement provides in article ten
thereof that the "legislatures of the two states, prior to  the  signing
of  this  agreement,  or  thereafter as soon as may be practicable, will
adopt a plan or plans for the comprehensive development of the  port  of
New York";
Now,  therefore  (the  state  of New Jersey by appropriate legislation
concurring therein), the following be and it is hereby  adopted  as  the
comprehensive plan for the development of the port of New York under and
pursuant to said compact or agreement:
Section 1. Principles to govern the development:
First.  That  terminal  operations within the port district, so far as
economically practicable, should be unified;
Second. That there should be  consolidation  of  shipments  at  proper
classification   points  so  as  to  eliminate  duplication  of  effort,
inefficient loading of equipment and realize reduction in expenses;
Third. That there should be the most direct routing of all commodities
so as to avoid centers of  congestion,  conflicting  currents  and  long
truck-hauls;
Fourth.  That  terminal  stations  established under the comprehensive
plan should be union stations, so far as practicable;
Fifth. That the process of coordinating facilities should  so  far  as
practicable  adapt  existing  facilities  as  integral  parts of the new
system,  so  as  to  avoid  needless  destruction  of  existing  capital
investment and reduce so far as may be possible the requirements for new
capital;  and  endeavor  should  be  made to obtain the consent of local
municipalities within the port district for the  coordination  of  their
present  and  contemplated  port  and terminal facilities with the whole
plan.
Sixth. That freight from all railroads must be brought to all parts of
the port wherever practicable  without  cars  breaking  bulk,  and  this
necessitates  tunnel  connection between New Jersey and Long Island, and
tunnel or bridge connections between other parts of the port;
Seventh. That there should  be  urged  upon  the  federal  authorities
improvement of channels so as to give access for that type of waterborne
commerce   adapted  to  the  various  forms  of  development  which  the
respective shorefronts and adjacent lands of the port  would  best  lend
themselves to;
Eighth. That highways for motor truck traffic should be laid out so as
to permit the most efficient inter-relation between terminals, piers and
industrial establishments not equipped with railroad sidings and for the
distribution of building materials and many other commodities which must
be  handled  by  trucks;  these  highways  to  connect  with existing or
projected bridges, tunnels and ferries.
Ninth. That definite methods for prompt relief should be devised which
can be applied for the better coordination  and  operation  of  existing

facilities   while  larger  and  more  comprehensive  plans  for  future
development are being carried out.
§  2.  The  bridges,  tunnels and belt lines forming the comprehensive
plan are generally and in outline indicated on maps filed by the port of
New York authority in the offices of the secretaries of  the  states  of
New York and New Jersey and are hereinafter described in outline.
§  3.  Tunnels  and  bridges to form part of the plan. (a) A tunnel or
tunnels connecting the New Jersey shore and the Brooklyn  shore  of  New
York  to  provide  through  line connection between the transcontinental
railroads now having their terminals in New Jersey with the Long  Island
railroad  and  the  New York connecting railroad on Long Island and with
the New York Central and Hudson River railroad and  the  New  York,  New
Haven  and  Hartford  railroad  in  the Bronx, and to provide continuous
transportation  of  freight  between  the  Queens,  Brooklyn  and  Bronx
sections  of  the  port to and from all parts of the westerly section of
the port, for all of the transcontinental railroads.
(b) A bridge and/or tunnel across or under the Arthur kill, and/or the
existing bridge enlarged, to provide direct freight carriage between New
Jersey and Staten Island.
(c) The location of all such tunnels or bridges to be at the shortest,
most accessible and most economical points practicable,  taking  account
of  existing  facilities  now  located  within  the  port  district  and
providing for and taking account of all  reasonably  foreseeable  future
growth in all parts of the district.
§  4.  Manhattan service. The island of Manhattan to be connected with
New Jersey by bridge or tunnel, or both, and  freight  destined  to  and
from Manhattan to be carried underground, so far as practicable, by such
system,  automatic  electric  as  hereinafter described or otherwise, as
will  furnish  the  most   expeditious,   economical   and   practicable
transportation  of  freight,  especially  meat,  produce, milk and other
commodities comprising the daily needs of the people. Suitable  markets,
union  inland  terminal stations and warehouses to be laid out at points
most convenient to the homes and industries upon the  island,  the  said
system   to  be  connected  with  all  the  trans-continental  railroads
terminating in New Jersey and by appropriate  connection  with  the  New
York  Central  and  Hudson  River  railroad, the New York, New Haven and
Hartford and the Long Island railroads.
§ 5. Belt lines. The numbers  hereinafter  used  correspond  with  the
numbers  which  have been placed on the map of the comprehensive plan to
identify the various belt lines and marginal railroads.
Number 1. Middle belt line. Connects New Jersey and Staten Island  and
the  railroads  on  the westerly side of the port with Brooklyn, Queens,
the Bronx and the railroads on the easterly side of the port.   Connects
with  the New York Central railroad in the Bronx; with the New York, New
Haven and Hartford railroad in the Bronx; with the Long Island  railroad
in  Queens  and  Brooklyn;  with  the  Baltimore  and Ohio railroad near
Elizabethport and in Staten Island; with the Central Railroad Company of
New Jersey at Elizabethport and at points in  Newark  and  Jersey  City;
with  the  Pennsylvania  railroad  in  Newark  and Jersey City; with the
Lehigh Valley railroad in Newark and Jersey  City;  with  the  Delaware,
Lackawanna and Western railroad in Jersey City and the Secaucus meadows;
with the Erie railroad in Jersey City and the Secaucus meadows; with the
New York, Susquehanna and Western, the New York, Ontario and Western and
the West Shore railroads on the westerly side of the Palisades above the
Weehawken tunnel.
The  route  of the middle belt line as shown on said map is in general
as follows: Commencing at the Hudson river  at  Spuyten  Duyvil  running
easterly  and  southerly generally along the easterly side of the Harlem

river, utilizing existing lines so far as practicable and improving  and
adding  where  necessary,  to a connection with Hell Gate bridge and the
New Haven railroad, a distance  of  approximately  seven  miles;  thence
continuing  in  a  general southerly direction, utilizing existing lines
and improving and adding where necessary, to a point near Bay  Ridge,  a
distance  of  approximately eighteen and one-half miles; thence by a new
tunnel under New York bay in a northwesterly direction to  a  portal  in
Jersey  City  or  Bayonne,  a distance of approximately five miles, to a
connection with  the  tracks  of  the  Pennsylvania  and  Lehigh  Valley
railroads;  thence in a generally northerly direction along the easterly
side of Newark bay and the Hackensack river at the westerly foot of  the
Palisades,  utilizing  existing  tracks  and  improving and adding where
necessary, making connections with  the  Jersey  Central,  Pennsylvania,
Lehigh  Valley,  Delaware,  Lackawanna  and  Western,  Erie,  New  York,
Susquehanna and Western, New York, Ontario and Western, and  West  Shore
railroads,  a  distance  of  approximately  ten miles. From the westerly
portal of the Bay tunnel and from the line along the  easterly  side  of
Newark  bay  by  the  bridges  of  the  Central  railroad  of New Jersey
(crossing the Hackensack and Passaic rivers) and of the Pennsylvania and
Lehigh Valley railroads (crossing Newark bay) to the line of the central
railroad of New Jersey running along the westerly side of Newark bay and
thence southerly along this line to a connection with the Baltimore  and
Ohio railroad south of Elizabethport, utilizing existing lines so far as
practicable  and  improving  and  adding  where necessary, a distance of
approximately twelve miles; thence in an easterly direction crossing the
Arthur  kill,  utilizing  existing  lines  so  far  as  practicable  and
improving  and  adding where necessary, along the northerly and easterly
shores of Staten Island to the new city piers and to  a  connection,  if
the  city of New York consent thereto, with the tunnel under the Narrows
to Brooklyn provided for under chapter seven hundred of the laws of  the
state of New York for nineteen hundred and twenty-one.
Number  2.  A marginal railroad to the Bronx extending along the shore
of the East river and Westchester creek connecting with the middle  belt
line  (number  one),  and  with  the  New  York,  New Haven and Hartford
railroad in the vicinity of Westchester.
Number 3. A marginal railroad in Queens and Brooklyn  extending  along
Flushing creek, Flushing bay, the East river and the upper New York bay.
Connects  with  the middle belt line (number one), by lines number four,
number five, number six and directly at the southerly end at Bay  Ridge.
Existing  lines  to  be utilized and improved and added to and new lines
built where lines do not now exist.
Number 4.  An  existing  line  to  be  improved  and  added  to  where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three near its northeasterly end.
Number  5.  An  existing  line  to  be  improved  and  added  to where
necessary. Connects the middle belt line (number one), with the marginal
railroad number three in Long Island City.
Number 6. Connects  the  middle  belt  line  (number  one),  with  the
marginal  railroad  number  three in the Greenpoint section of Brooklyn.
The existing portion to be improved and added to where necessary.
Number 7. A marginal railroad surrounding the northerly  and  westerly
shores  of  Jamaica  bay. A new line. Connects with the middle belt line
(number one).
Number 8. An  existing  line,  to  be  improved  and  added  to  where
necessary.  Extends  along  the  southeasterly  shore  of Staten Island.
Connects with middle belt line (number one).
Number 9. A marginal railroad extending along the  westerly  shore  of
Staten  Island  and a branch connection with number eight. Connects with

the middle belt line (number one), and with a branch from the outer belt
line (number fifteen).
Number 10. A line made up mainly of existing lines, to be improved and
added  to  where  necessary.  Connects with the middle belt line (number
one) by way of  marginal  railroad  number  eleven.  Extends  along  the
southerly  shore  of  Raritan bay and through the territory south of the
Raritan river reaching New Brunswick.
Number 11. A marginal railroad extending from a  connection  with  the
proposed  outer  belt line (number fifteen) near New Brunswick along the
northerly shore of the Raritan river to Perth  Amboy,  thence  northerly
along  the  westerly  side  of  the Arthur kill to a connection with the
middle belt line (number one) south of  Elizabethport.  The  portion  of
this line which exists to be improved and added to where necessary.
Number  12.  A marginal railroad extending along the easterly shore of
Newark bay and the Hackensack river and connects with  the  middle  belt
line (number one). A new line.
Number  13.  A  marginal railroad extending along the westerly side of
the Hudson river and the Upper New York bay. Made up mainly of  existing
lines----the   Erie  Terminals,  Jersey  Junction,  Hoboken  Shore,  and
National Docks railroads. To be improved and added to  where  necessary.
To be connected with middle belt line (number one).
Number  14.  A  marginal railroad connecting with the middle belt line
(number one), and extending through the Hackensack and Secaucus meadows.
Number 15. An outer belt line, extending around the westerly limits of
the port district beyond the congested section.  Northerly  terminus  on
the  Hudson  river  at  Piermont.  Connects by marginal railroads at the
southerly end with the harbor waters below  the  congested  section.  By
spurs  connects  with  the middle belt line (number one) on the westerly
shore of Newark bay and with the marginal railroad on the westerly shore
of Staten Island (number nine).
Number 16. The automatic electric system for serving Manhattan Island.
Its yards to connect  with  the  middle  belt  line  and  with  all  the
railroads  of  the  port district. A standard gauge underground railroad
deep enough in Manhattan to  permit  of  two  levels  of  rapid  transit
subways to pass over it. Standard railroad cars to be brought through to
Manhattan  terminals  for  perishables and food products in refrigerator
cars.  Cars with merchandise freight to be stopped at its yards. Freight
from standard cars to be transferred onto wheeled containers, thence  to
special  electrically  propelled  cars  which will bear it to Manhattan.
Freight to be kept on wheels between the door of  the  standard  freight
car  at  the  transfer  point  and  the  tail  board of the truck at the
Manhattan terminal or the store door as may be elected by the shipper or
consignee, eliminating extra handling.
Union terminal stations to be located on Manhattan in zones as far  as
practicable of equal trucking distance, as to pickups and deliveries, to
be  served  by this system. Terminals to contain storage space and space
for other facilities. The system to bring all the railroads of the  port
to Manhattan.
§  6. The determination of the exact location, system and character of
each  of  the   said   tunnels,   bridges,   belt   lines,   approaches,
classification  yards, warehouses, terminals or other improvements shall
be made by the port authority after public hearings and  further  study,
but in general the location thereof shall be as indicated upon said map,
and as herein described.
§  7.  The right to add to, modify or change any part of the foregoing
comprehensive plan is reserved by each state, with  the  concurrence  of
the other.
§  8. The port of New York authority is hereby authorized and directed
to proceed with the development of the port of New  York  in  accordance
with   said  comprehensive  plan  as  rapidly  as  may  be  economically
practicable and is hereby vested  with  all  necessary  and  appropriate
powers not inconsistent with the constitution of the United States or of
either  state, to effectuate the same, except the power to levy taxes or
assessments. It shall request the congress of the United States to  make
such appropriations for deepening and widening channels and to make such
grants of power as will enable the said plan to be effectuated. It shall
have  power  to  apply to all federal agencies, including the interstate
commerce commission, the war department, and the United States  shipping
board,  for  suitable  assistance  in  carrying  out said plan. It shall
cooperate with the state highway commissioners of  each  state  so  that
trunk line highways as and when laid out by each state shall fit in with
said  comprehensive  plan.  It  shall render such advice, suggestion and
assistance to all municipal officials  as  will  permit  all  local  and
municipal port and harbor improvements, so far as practicable, to fit in
with  said  plan.  All  municipalities  within  the  district are hereby
authorized and empowered to cooperate in the effectuation of said  plan,
and  are  hereby  vested  with  such  powers  as  may  be appropriate or
necessary so to cooperate. The bonds or other securities issued  by  the
port authority shall at all times be free from taxation by either state.
The  port  authority  shall  be  regarded  as  the  municipal  corporate
instrumentality of the two states for the purpose of developing the port
and effectuating the pledge of the states in the said  compact,  but  it
shall  have  no  power to pledge the credit of either state or to impose
any obligation upon either state, or upon any  municipality,  except  as
and  when  such power is expressly granted by statute, or the consent by
any such municipality is given.
§ 9. The sum of one hundred thousand dollars ($100,000),  or  so  much
thereof as may be necessary, is hereby appropriated out of any moneys in
the  state  treasury not otherwise appropriated, for the expenses of the
port authority. The moneys hereby appropriated shall be paid out by  the
state  treasurer on the warrant of the comptroller upon vouchers audited
by the chairman of the port authority.
§ 10. All acts and parts of  acts  inconsistent  herewith  are  hereby
repealed, and this act shall take effect immediately.
§  11.  To facilitate the determination of the economic practicability
of any step in the said comprehensive plan, or  of  any  other  fact  or
matter which the port authority is authorized and empowered to decide or
determine,  the  port authority may conduct investigations, inquiries or
hearings at such place or places and at such times as it shall  appoint.
Such  investigations, inquiries or hearings may be held by or before one
or more of the commissioners of the port authority, or by or before  any
person  or  persons  appointed as its representative, and when ratified,
approved or confirmed by the port authority on its action shall  be  and
be  deemed  to  be  the  investigation,  inquiry  or hearing of the port
authority.
For the purpose of such investigations, inquiries or hearings, and  of
such  other  action or powers as the port authority may be authorized or
empowered to take or exercise, it shall have jurisdiction of any and all
persons, associations,  or  corporations,  residing  in,  or  acting  or
existing under or by virtue of the laws of, or owning property or coming
within this state.
§  12.  Attendance  of  witness  and production of documents. The port
authority shall have the power to compel the attendance of witnesses and
the  production  of  any  papers,  books  or  other  documents,  and  to
administer  oaths  to  all  witnesses  who  may  be  called  before  it.

Subpoenas issued by the port authority shall be signed by a commissioner
or by the secretary of the port authority. No witness subpoenaed at  the
instance  of  parties other than the port authority shall be entitled to
compensation  therefrom  for  attendance or travel, but the cost thereof
shall be borne by the party at whose instance the witness  is  summoned,
unless the port authority otherwise orders. A subpoena issued under this
section shall be regulated by the civil practice law and rules.
§  13. 1. All hearings before the port authority, including the taking
of testimony, shall be governed by rules to be adopted and prescribed by
it.
2. In any investigation, inquiry or hearing before the port authority,
a commissioner or an officer conducting the  investigation,  inquiry  or
hearing may confer immunity in accordance with the provisions of section
50.20 of the criminal procedure law.
3. No commissioner or employee of the port authority shall be required
to give testimony in any civil suit to which the port authority is not a
party with regard to information obtained by him in the discharge of his
official duty.
§  14.  Every  order  of the port authority shall be served upon every
person, association or corporation to be  affected  thereby,  either  by
personal delivery of a certified copy thereof, or by mailing a certified
copy thereof, in a sealed package with postage prepaid, to the person to
be  affected  thereby; or in the case of a corporation to any officer or
agent thereof upon whom a summons might  be  served,  either  within  or
without the state, in accordance with law. It shall be the duty of every
person,  association  or  corporation,  to  notify  the  port  authority
forthwith, in writing, of the receipt of the  certified  copy  of  every
order so served, and in the case of a corporation such notification must
be signed and acknowledged by a person or officer duly authorized by the
corporation  to admit such service. Within a time specified in the order
of the port authority, such person,  association  or  corporation,  upon
whom  it  is  served, must, if so required in the order, notify the port
authority in like manner whether the terms of the order are accepted and
will be obeyed. Every order of the port authority shall take effect at a
time therein specified and shall continue in force either for  a  period
which  may  be  designated therein, or until changed or abrogated by the
port authority, unless such order be  unauthorized  by  law,  or  be  in
violation  of  a  provision  of the constitution of the state, or of the
United States.
No order staying or suspending an order of the port authority shall be
made by any court otherwise than upon notice and after hearing,  and  if
the  order  of the port authority is suspended, the order suspending the
same shall contain a specific finding based upon evidence  submitted  to
the court and identified by reference thereto that great and irreparable
damage  would  otherwise  result  to  the  petitioner and specifying the
nature of the damage.
§ 15. Whenever the port authority shall be of  the  opinion  that  any
person,  association  or  corporation  subject  to  its  jurisdiction is
failing or omitting, or about to fail or omit to do anything required of
it by the laws governing the development and regulation of the  port  of
New  York,  or  by its order, or is doing or is about to do anything, or
permitting, or about to permit anything to be done contrary  to,  or  in
violation   of,   such   law  or  orders,  it  shall  direct  its  legal
representative to commence an action or proceeding in the  name  of  the
port  authority,  in  an  appropriate court having jurisdiction, for the
purpose of having such violations, or threatened violations, stopped and
prevented either by mandamus or injunction. Such an action or proceeding
may be brought in the supreme court of this state, and  the  said  court

shall   have   and   is  hereby  given  the  necessary  and  appropriate
jurisdiction to grant mandamus or injunction, as the case  may  require,
or any other relief appropriate to the case.
Failure  of such person, association or corporation to notify the port
authority, as required in the preceding section, of  its  acceptance  of
and  willingness to obey any order of the port authority shall be and be
deemed to  be  prima  facie  proof  that  such  person,  association  or
corporation  is  guilty  of such violation, or threatened violation. The
legal representative of the port authority shall begin  such  action  or
proceeding  by  a  petition  to  the  appropriate  court,  alleging  the
violation complained of and praying for appropriate  relief  by  way  of
mandamus  or  injunction. If the petition is directed to a court of this
state, it shall thereupon be the duty of the court to specify the  time,
not  exceeding  twenty days after the service of a copy of the petition,
within which the person, association or corporation complained  of  must
answer  the petition. In case of default in answer, or after answer, the
court shall immediately inquire into the  facts  and  circumstances,  in
such manner as the court shall direct, without other or formal pleadings
and  without  respect  to any technical requirement. Such other persons,
associations or corporations as the court shall deem necessary or proper
to join as parties, in order  to  make  its  order,  judgment  or  writs
effective,  may  be  joined  as  parties  upon  application of the legal
representative of the port authority. The final  judgment  in  any  such
action  or  proceeding shall either dismiss the action or proceeding, or
direct that a writ of mandamus, or an  injunction,  or  both,  issue  as
prayed  for  in  the  petition, or in such modified or other form as the
court may determine will afford the appropriate relief.
§ 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.
§ 17. All actions and proceedings to which the port authority may be a
party  and  in  which any question arises under the laws relating to the
port authority, or under or concerning any of  its  orders  or  actions,
shall  be preferred over all other civil causes, except election causes,
in all courts of this  state  and  shall  be  heard  and  determined  in
preference  to all other civil business pending therein, except election
causes, irrespective of position on the calendar.  The  same  preference
shall  be  granted  upon  application of the legal representative of the
port authority, in any action or proceeding in which he may  be  allowed
to intervene.