§ 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.

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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.