Section 174. Proceedings if property owners do not consent

If the consent
  of property owners required by any provision of this article can not  be
  obtained,  the  corporation failing to obtain such consents may apply to
  the appellate division of the supreme court held in  the  department  in
  which  it is proposed to construct its road for the appointment of three
  commissioners to determine whether such railroad ought to be constructed
  and operated. Notice of such application must, at least ten  days  prior
  thereto,  be  served, personally, upon each nonconsenting property owner
  by delivering the same to the person to whom such property  is  assessed
  upon  such  assessment-roll or by duly mailing the same, properly folded
  and directed, to such property owner at his post-office address with the
  postage prepaid thereon. If the person upon whom service is to  be  made
  is unknown, or his residence and post-office address are unknown and can
  not  by  reasonable diligence be ascertained, service of such notice may
  be made by publishing the same in such newspaper of the  county  as  the
  court  may  direct,  at least once a week for two successive weeks. Upon
  due proof of service of such notice the court to which  the  application
  is  made  shall  appoint  three  disinterested persons, who shall act as
  commissioners, and who shall, within ten days after  their  appointment,
  cause  public  notice  to  be given of their first meeting in the manner
  directed by the court, and may adjourn from  time  to  time,  until  all
  their business is completed.  Vacancies may be filled by the court after
  such notice to parties interested as it may deem proper to be given; and
  the  evidence taken before as well as after the happening of the vacancy
  shall be deemed to be properly before such commissioners. After a public
  hearing of all parties interested,  the  commissioners  shall  determine
  whether  such  railroad  ought to be constructed and operated, and shall
  make a  report  thereon,  together  with  the  evidence  taken,  to  the
  appellate  division,  within  sixty  days  after appointment, unless the
  court, or a judge thereof, for good cause shown, shall extend such time;
  and their determination that such  road  ought  to  be  constructed  and
  operated, confirmed by such court, shall be taken in lieu of the consent
  of  the  property  owners hereinbefore required. The commissioners shall
  each receive ten dollars for each day spent in the performance of  their
  duties  and  their  necessary expenses and disbursements, which shall be
  paid by the corporation applying for their appointment.