§ 50. Acquisition of property. a. For the purpose of constructing or\noperating any road for the construction or operation of which a contract\nshall have been made by the board of transportation or any of its\npredecessors, or for the purpose of constructing or operating any part\nof any railroad or portion thereof relocated under the provisions of\nsection eighty-two of this chapter, for the construction of which a\ncontract shall have been made pursuant to such section, including\nnecessary stations and station approaches, or for the purpose of\noperating or securing the operation thereof free of interference and\nright of interference and of action and right of action for damages and\notherwise, whether by abutting owners or others, or to provide, lay or\nmaintain sub-surface structures, such board for and in behalf of such\ncity may acquire, by conveyance or grant to such city to be delivered to\nsuch board and to contain such terms, conditions, provisos and\nlimitations as such board shall deem proper, or by condemnation or other\nlegal or other proceedings, as provided in this chapter, any property\nrights and any and all rights, privileges, franchises and easements,\nincluding such of any thereof as may be already devoted to a public use,\nwhether of owners or abutters, or others to interfere with the\nconstruction or operation of such road or to recover damages therefor,\nwhich, in the opinion of the board, it shall be necessary to acquire or\nextinguish for the purpose of constructing and operating such road free\nof interference or right of interference. Any such city also may\nexercise any of the rights to acquire such property rights upon the\nvalidation of a route in the manner prescribed in sections twenty and\ntwenty-one of this chapter, provided that if any such right shall be so\nexercised prior to the time a contract for construction or operation of\nsuch route shall be entered into, the board of estimate and the mayor,\nas a condition precedent, shall approve such acquisition. An option\ngranted to the board of transportation or to the city to purchase any\nproperty rights or an award in a condemnation proceeding for a period\nnot to exceed ninety days in case of purchase of property rights, and\nfor a period not to exceed six months in case of purchase of such an\naward shall not be withdrawn or cancelled during the period therein\nnamed. Upon the trial of a condemnation proceeding on behalf of the\nboard of transportation under the provisions of this chapter, no\nevidence shall be admitted, as against an owner of an offer made by or\non behalf of such owner for the sale of his real estate or any part\nthereof to such board for or on behalf of such city, or for the sale or\nassignment of any right and title to an award, or any part thereof, to\nbe made for such real estate, or any part thereof, in the proceeding;\nnor shall any evidence be received, as against such city, of any offer\nmade to such owner by the board for or on behalf of the city for the\npurchase of such real estate, or any part thereof, or for the purchase\nof any award or any part thereof, to be made for such real estate, or\nany part thereof, in the proceeding.\n b. Where any contractor for the construction or operation of such\nrailroad shall require any property for such construction and operation,\nsuch property shall be deemed to be required for a public purpose; and\nwith the approval of the board of transportation such property may be\nacquired by such contractor in all respects as such property may be\nacquired by such board for the city. All proceedings to acquire such\nproperty shall be conducted under the direction and subject to the\napproval of such board. It shall be the duty of the board whenever any\nproperty which the city shall have acquired as provided in this chapter\nshall be unnecessary for rapid transit purposes, to surrender the same\nfor other public use or purpose of the city or to sell and convey the\nsame in
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