New York Consolidated Laws, Transportation Corporations Law - TCP § 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.