Current through Register Vol. 54, No. 45, November 9, 2024
Section 409.12 - Apportionment of wharfage(a) In all cases when the owners of adjoining wharves, docks, landings or riverfronts, or any parts thereof, upon the River and not situated in cities of the first class, shall disagree as to the proper apportionment of the wharfage or dockage payable to them in accordance with their titles by persons making use of the same or by vessels lying in front thereof, it will be the duty of the Commissioners, upon the written application of one or more of the owners, after notice to the parties interested, and in accordance with the established customs and usages of the port or place where the wharves, docks, landings or riverfront are located or, where there is no usage, then as justice and equality may require, to determine the relative proportions of the wharfage or dockage belonging to the several proprietors of the adjoining wharves, docks, landings or riverfronts or any parts thereof.(b) Nothing in this section shall be construed to authorize the Commissioners to take cognizance of any question involving the title of the property, but the jurisdiction and the power to enforce the rights of the owners of the wharves, docks, landings and waterfront to wharfage and dockage against persons or vessels heretofore or hereafter using or lying opposite the same, shall remain as heretofore in the proper courts of law.