Section 106. Condemnation; approval of commissioner of transportation  


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  • 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.