2006 New York Code - Excess condemnation.

 
    §  8.  Any  agency  of the state or any city, town, village, or public
  corporation, which is empowered by  law  to  take  private  property  by
  eminent  domain  for any of the public purposes specified in section one
  of this article, may be empowered by the legislature  to  take  property
  necessary for any such purpose but in excess of that required for public
  use  after such purpose shall have been accomplished; and to improve and
  utilize such excess, wholly or partly for any other public  purpose,  or
  to  lease  or sell such excess with restrictions to preserve and protect
  such improvement or improvements.