§ 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.