§ 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.