N.Y. Transportation Corporations Law § 83: Condemnation of real property

§ 83. Condemnation of real property. In case such corporation is

unable to agree for the purchase of any real property required for the

purposes of its incorporation, and its route in the county in which such

real property is situated has been finally located, it shall have the

right to acquire title thereto by condemnation, but such corporation

shall not locate its route or construct any line of pipe through or

under any building, dooryard, lawn, garden or orchard, except by the

consent of the owner thereof in writing duly acknowledged, nor through

any cemetery or burial ground, nor within one hundred feet of any

building except where such line is authorized by public officers to be

laid across or upon any public highway, and shall not construct any line

of pipe that supports facilities or infrastructure associated with

exploration, development, or production of oil or natural gas in federal

waters located in the north Atlantic planning area. No such corporation

shall lay or construct its line of pipe through or under a street in any

city, unless it shall first obtain the consent of a majority of the

owners of property abutting on that portion of the street in which its

pipe line is to be laid. Such pipe line shall be laid with reasonable

care and prudence.