§ 120. Claims for damage generally.

307 words·~1 min read·/ny/canal/damages/120

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

§ 120. Claims for damage generally. There shall be allowed and paid to

every person sustaining damages from the canals or from their use or

management, or resulting or arising from the neglect or conduct of any

officer of the state or the corporation having charge thereof, or

resulting or arising from any accident, or other matter or thing

connected with the canals, the amount of such damages to be ascertained

and determined by the proper action or proceedings before the court of

claims, but no judgment shall be awarded by such court for such damages

in any case unless the facts provided therein make out a case which

would create a legal liability against the state or the corporation,

were the same established in evidence in a court of justice against an

individual or corporation; but the corporation may make settlement of

any such claim in any case where the amount thereof does not exceed the

sum of five hundred dollars but no settlement shall be effective against

the state including the corporation until the same has been approved by

the attorney-general; provided that the provisions of this section shall

not extend to claims arising from damages resulting from the navigation

of canals, and further provided that the provisions herein relating to

damages resulting from navigation of the canals shall control

notwithstanding any contrary or inconsistent provisions of any other

law, general or special. The corporation shall not pay any damages

awarded, or the amount of any commutations agreed on for the

appropriation of land or water, or for the erection of a farm bridge,

until a satisfactory abstract of title and certificate of search as to

encumbrances is furnished, showing the person demanding such damages or

commutations to be legally entitled thereto, which abstract and search

shall be filed in the office of the corporation.