Section 202. Consents of property owners

No  railroads  shall  be
  constructed, equipped or operated by virtue  of  the  preceding  section
  except  upon the condition that the consent of the owners of one-half in
  value of the property outside of said public parks bounded  on  and  the
  consent also of the local authorities having the control of that portion
  of  a  street or highway upon which it is proposed to construct, operate
  or extend the said railroads to connect with any  surface  railroads  in
  such  cities  be first obtained, or in case the consent of such property
  owners cannot be obtained, the appellate division of the  supreme  court
  in  the  department  in which it is proposed to be constructed may, upon
  application, appoint three commissioners,  who  shall  determine,  after
  hearing  of all parties interested, whether the portion of such railroad
  outside of said public parks ought to be constructed  or  operated,  and
  their  determination  confirmed by the court may be taken in lieu of the
  consent of the property owners.