2006 New York Code - 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.