§ 84. Damage caused by termination of canal navigation.

395 words·~2 min read·/ny/canal/canal-navigation/84

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

§ 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.