N.Y. Transportation Corporations Law § 45: Condemnation of real property

§ 45. Condemnation of real property. Any such corporation shall have

the right to acquire real estate, or any interest therein, necessary for

the purposes of its incorporation, and the right to lay, relay, repair

and maintain conduits and water pipes with connections and fixtures, in,

through or over the lands of others, the right to intercept and divert

the flow of waters from the lands of riparian owners, and from persons

owning or interested in any waters, and the right to prevent the flow of

drainage of noxious or impure matters from the lands of others into its

reservoirs or sources of supply. If any such corporation, which has made

a contract with any city, town or village or with any of the inhabitants

thereof for the supply of pure and wholesome water as authorized by

section forty-two, shall be unable to agree upon the terms of purchase

of any such property or rights, it may acquire the same by condemnation.

But no such corporation shall have power to take or use water from any

of the canals of this state, or any canal reservoirs as feeders, or any

streams which have been taken by the state for the purpose of supplying

the canals with water.