N.Y. RRD Law § 174

§ 174. Proceedings if property owners do not consent. If the consent\nof property owners required by any provision of this article can not be\nobtained, the corporation failing to obtain such consents may apply to\nthe appellate division of the supreme court held in the department in\nwhich it is proposed to construct its road for the appointment of three\ncommissioners to determine whether such railroad ought to be constructed\nand operated. Notice of such application must, at least ten days prior\nthereto, be served, personally, upon each nonconsenting property owner\nby delivering the same to the person to whom such property is assessed\nupon such assessment-roll or by duly mailing the same, properly folded\nand directed, to such property owner at his post-office address with the\npostage prepaid thereon. If the person upon whom service is to be made\nis unknown, or his residence and post-office address are unknown and can\nnot by reasonable diligence be ascertained, service of such notice may\nbe made by publishing the same in such newspaper of the county as the\ncourt may direct, at least once a week for two successive weeks. Upon\ndue proof of service of such notice the court to which the application\nis made shall appoint three disinterested persons, who shall act as\ncommissioners, and who shall, within ten days after their appointment,\ncause public notice to be given of their first meeting in the manner\ndirected by the court, and may adjourn from time to time, until all\ntheir business is completed. Vacancies may be filled by the court after\nsuch notice to parties interested as it may deem proper to be given; and\nthe evidence taken before as well as after the happening of the vacancy\nshall be deemed to be properly before such commissioners. After a public\nhearing of all parties interested, the commissioners shall determine\nwhether such railroad ought to be constructed and operated, and shall\nmake a report thereon, together with the evidence taken, to the\nappellate division, within sixty days after appointment, unless the\ncourt, or a judge thereof, for good cause shown, shall extend such time;\nand their determination that such road ought to be constructed and\noperated, confirmed by such court, shall be taken in lieu of the consent\nof the property owners hereinbefore required. The commissioners shall\neach receive ten dollars for each day spent in the performance of their\nduties and their necessary expenses and disbursements, which shall be\npaid by the corporation applying for their appointment.\n