N.Y. Transportation Corporations Law § 106

§ 106. Condemnation; approval of commissioner of transportation.\nEvery such freight terminal corporation shall have power to acquire by\ncondemnation such real property, except that of a public service\ncorporation, including the right of way through any property, as may be\nnecessary for its corporate purposes. Such acquisition is hereby\ndeclared to be for a public use. No real property shall be condemned by\nany such corporation unless the commissioner of transportation shall\nfirst approve of such condemnation and issue a certificate that the\nproperty to be condemned is required for freight terminal accommodations\nneeded by the public.\n Property devoted to public use for streets, ferries, terminals or\notherwise, whether operated by the public authorities or not, shall not\nbe condemned except by permission of and subject to such conditions as\nmay be imposed by the local authority in control thereof, in addition to\nthe approval of the commissioner of transportation.\n Nothing herein shall prevent the condemnation by the state or a\nmunicipal corporation of the property of a freight terminal corporation,\nwhether or not such freight terminal corporation itself has therefore\nacquired such property by condemnation.\n