Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 106
Condemnation; approval of commissioner of transportation
Transportation Corporations (TCP) CHAPTER 63, ARTICLE 8
§ 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.