N.Y. Railroad Law § 202: Consents of property owners

§ 202. Consents of property owners. No railroads shall be

constructed, equipped or operated by virtue of the preceding section

except upon the condition that the consent of the owners of one-half in

value of the property outside of said public parks bounded on and the

consent also of the local authorities having the control of that portion

of a street or highway upon which it is proposed to construct, operate

or extend the said railroads to connect with any surface railroads in

such cities be first obtained, or in case the consent of such property

owners cannot be obtained, the appellate division of the supreme court

in the department in which it is proposed to be constructed may, upon

application, appoint three commissioners, who shall determine, after

hearing of all parties interested, whether the portion of such railroad

outside of said public parks ought to be constructed or operated, and

their determination confirmed by the court may be taken in lieu of the

consent of the property owners.