N.Y. Transportation Corporations Law § 106: Condemnation; approval of commissioner of transportation

§ 106. Condemnation; approval of commissioner of transportation.

Every such freight terminal corporation shall have power to acquire by

condemnation such real property, except that of a public service

corporation, including the right of way through any property, as may be

necessary for its corporate purposes. Such acquisition is hereby

declared to be for a public use. No real property shall be condemned by

any such corporation unless the commissioner of transportation shall

first approve of such condemnation and issue a certificate that the

property to be condemned is required for freight terminal accommodations

needed by the public.

Property devoted to public use for streets, ferries, terminals or

otherwise, whether operated by the public authorities or not, shall not

be condemned except by permission of and subject to such conditions as

may be imposed by the local authority in control thereof, in addition to

the approval of the commissioner of transportation.

Nothing herein shall prevent the condemnation by the state or a

municipal corporation of the property of a freight terminal corporation,

whether or not such freight terminal corporation itself has therefore

acquired such property by condemnation.