§ 82. Seizure of obstruction.

391 words·~2 min read·/ny/canal/canal-navigation/82

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§ 82. Seizure of obstruction. The corporation may cause to be seized

and removed any object, article, float or sunken thing found within the

limits of the canal system not under the care or charge of any person.

It shall sell or offer for sale all seized objects, articles, floats or

sunken things either before or after their removal, as it deems

essential for maintenance of the canal system. The sale shall be at

public auction after giving ten days' written notice of such proposed

sale conspicuously posted at two public places in the city or town where

such object, article, float or sunken thing is found unless before the

time of such sale the owner thereof appears and claims same and pays to

the corporation the cost and expense which has been incurred by it in

connection with the seizure, removal and proposed sale. The owner

thereof shall be liable for the cost and expense of such seizure,

removal and sale of the said object, article, float or sunken thing

which cost and expense may be recovered by the attorney-general in an

appropriate action or proceeding brought in the name of the people of

the state in any court of competent jurisdiction. The avails of such

sale shall be accounted for by the corporation to the department of

taxation and finance which may on the application of the owner and upon

due proof of ownership pay over such proceeds to him after deducting all

costs, expenses and reasonable charges of the seizure, removal and sale

thereof. Whenever in the opinion of the corporation the navigation or

operation of any part of the canal system is interrupted or endangered,

the corporation may cause to be cut up, destroyed or otherwise removed

any object, article, float or sunken thing in or partly in the waters of

the canal system which may, in its judgment, be causing such

interruption or damage. The corporation may enter into an agreement with

the owner or owners of any property so cut up, destroyed, or otherwise

removed, covering the amount of damage sustained. Such agreement when

approved by the attorney-general shall become an obligation of the

corporation and paid from moneys available therefor. In case no

agreement is consummated, the amount of damages sustained may be

determined as provided in section one hundred twenty of this chapter.