2006 New York Code - Damage Caused By Termination Of Canal Navigation.



 
    § 84. Damage caused by termination of canal navigation. No part of the
  canal  system  of the state which was improved pursuant to chapter seven
  hundred ten  of  the  laws  of  nineteen  hundred  seven  and  the  acts
  supplemental  thereto  and  amendatory  thereof,  shall  be abandoned or
  navigation thereof permanently closed,  nor  shall  the  state  cede  or
  transfer ownership, jurisdiction or control thereof to the United States
  pursuant  to  authority conferred by constitutional amendment, until the
  expiration of one year after the corporation shall have been  authorized
  and  empowered by law to cause a notice of intention to take such action
  to be published once in each month during such  year  in  at  least  one
  newspaper  published  in  each county adjacent to the part of such canal
  system affected by such notice. Each person, who, at  the  time  of  the
  first  publication  of  such  notice, is the owner of a commercial float
  registered pursuant to the provisions of this  chapter,  which,  at  the
  close  of  navigation  in such year, shall have been actually engaged in
  the navigation of the part of such canal system  so  abandoned,  closed,
  ceded  or transferred, or so relinquished to the jurisdiction or control
  of the United States, may present a claim for damages against the  state
  including  the  corporation  to a court of competent jurisdiction, which
  court  shall  hear  and  determine  the  liability  of  the  corporation
  therefor;  and, if the court shall find that such person has suffered or
  sustained damages  by  reason  of  such  abandonment,  closing,  ceding,
  transfer, or relinquishment which the corporation, in right and justice,
  or  in law or equity, is obligated to pay, such damages shall constitute
  a valid and legal claim against the  corporation,  and  the  corporation
  shall be deemed liable therefor, and the court may make an award to such
  person  and  render  a  judgment in his favor against the corporation in
  such sums as it shall find to be just and equitable. It is  declared  to
  be  the purpose of this section to encourage and induce the construction
  of boats for use upon such canal system and their operation thereon  and
  to  protect  from  loss, financial investments made in such construction
  and operation caused by an abrupt, permanent termination of  navigation,
  or  the  creation  of  conditions, which would result in the impairment,
  limitation or destruction of navigation of such  canal  system  by  such
  floats.

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