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.