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0 chapters · 83 sections in this title.
N.Y. Canal Law § 1 Short title
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Section 1. Short title. This chapter shall be known as the "Canal Law."
N.Y. Canal Law § 10 General powers and duties of the corporation relating to canals
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§ 10. General powers and duties of the corporation relating to canals. The corporation shall: 1. Have general supervision of the canal system and its operating personnel and enforce the faithful administration and observance of the canal law. 2. Appoint and remove all officers a…
N.Y. Canal Law § 100 Granting revocable permits
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§ 100. Granting revocable permits. The corporation is hereby authorized, in its discretion, to issue revocable permits granting certain limited privileges therein, whenever the same can be done without detriment to canal navigation or damage to the banks or other structures ther…
N.Y. Canal Law § 101 Railroads operating over canals
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§ 101. Railroads operating over canals. The corporation shall have a general supervisory power over so much of any railroad as passes over any canal or feeder belonging to the state or approaches within ten rods thereof, so far as may be necessary to preserve the free and perfec…
N.Y. Canal Law § 102 Pipe lines crossing canals
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§ 102. Pipe lines crossing canals. No pipe line shall be constructed upon or across any of the canals of this state, except by the consent of and in a manner and upon the terms prescribed by the corporation, unless constructed upon a fixed bridge across such canal and with the c…
N.Y. Canal Law § 103 Tolls for lock and lift bridge passage by vessels and use of locks and lift bridges
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§ 103. Tolls for lock and lift bridge passage by vessels and use of locks and lift bridges. 1. The corporation shall have the power to impose tolls for the passage through locks and lift bridges by vessels which are propelled in whole or in part by mechanical power, and to colle…
N.Y. Canal Law § 104 Use of dry docks for repairs
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§ 104. Use of dry docks for repairs. The corporation may grant permission to owners of vessels operating upon the canals to use the state dry docks to the extent space is not required for the needs of canal maintenance vessels, and the corporation shall collect from such owners …
N.Y. Canal Law § 11 Adopt-a-trail program
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§ 11. Adopt-a-trail program. 1. The corporation may develop and implement an adopt-a-trail program, the purposes of which may be to reduce and remove litter and debris and to enhance the appearance and maintenance of the canalway trail and related facilities, as needed. Such pro…
N.Y. Canal Law § 110 Canal officers not to be interested in floats, contracts, or hydraulic works
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§ 110. Canal officers not to be interested in floats, contracts, or hydraulic works. No public officer or employee connected with the care or management of the canal system shall be interested in any hydraulic work dependent upon the canals for a supply of water or in any commer…
N.Y. Canal Law § 111 Ineligibility to appointment on the canals
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§ 111. Ineligibility to appointment on the canals. No person owning any hydraulic works dependent upon the canals for their supply of water, or employed in or connected with any such works, or engaged in transporting property upon the canals or owning or otherwise interested in …
N.Y. Canal Law § 112 Exemption of canal officers from arrest in civil actions
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§ 112. Exemption of canal officers from arrest in civil actions. Neither the corporation, nor any officer or responsible employee in the corporation in charge of canal structures or forces thereof, or other public officer employed upon or in charge of the canal system or part th…
N.Y. Canal Law § 113 Delivery of property on discharge of employees
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§ 113. Delivery of property on discharge of employees. Every person employed upon the canal system and occupying any house, office, building, or land belonging thereto, who is discharged from his employment or otherwise separated from the service, and the spouse and family of ev…
N.Y. Canal Law § 114 Functions, powers or duties imposed upon officers or employees by statutory name
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§ 114. Functions, powers or duties imposed upon officers or employees by statutory name. Whenever a function, power or duty is imposed upon the corporation, and an officer or employee, or a group or class thereof is designated in this chapter by a statutory or specific title or …
N.Y. Canal Law § 120 Claims for damage generally
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§ 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 re…
N.Y. Canal Law § 121 Adjustment of claims of owners of private dams
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§ 121. Adjustment of claims of owners of private dams. Whenever the state including the corporation in the course of the construction of the improved canals in the rivers or waterways of the state, for the purpose of obtaining a sufficient depth or supply of water for canal purp…
N.Y. Canal Law § 130 Operation of hydro-electric plants at Crescent and Vischer Ferry
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§ 130. Operation of hydro-electric plants at Crescent and Vischer Ferry. The corporation shall have charge of the hydro-electric plants constructed pursuant to chapter five hundred thirty-two of the laws of nineteen hundred twenty-two for the development and generation into elec…
N.Y. Canal Law § 131 Emergency repairs
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§ 131. Emergency repairs. When, in the opinion of the corporation, an emergency exists endangering the canal system the corporation may seize any lands, equipment, materials or supplies necessary to avert such damage or to restore the banks or other property which may be threate…
N.Y. Canal Law § 132 Investigate matters relating to the canal system; immunity of witnesses
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§ 132. Investigate matters relating to the canal system; immunity of witnesses. 1. The corporation may, whenever the corporation shall deem it necessary, to effectively accomplish the purposes of this chapter, investigate any or all matters and transactions connected with or rel…
N.Y. Canal Law § 133 Impose penalties and power to remit
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§ 133. Impose penalties and power to remit. The corporation may, in its discretion, remit either absolutely, or on such conditions as it shall prescribe, any forfeiture incurred by a violation of any provision of this chapter, or any of the rules and regulations established by i…
N.Y. Canal Law § 134 Actions for penalties
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§ 134. Actions for penalties. All actions for penalties and forfeitures imposed in this chapter, or for damages, on behalf of the state including the corporation, shall be prosecuted in the name of the corporation, by the corporation, unless otherwise specifically provided. All …
N.Y. Canal Law § 138-A Canal recreationway commission
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§ 138-a. Canal recreationway commission. 1. There is hereby established a canal recreationway commission (hereinafter referred to as the "commission") consisting of the following members: a. the chairman of the authority, the commissioner of transportation, the commissioner of t…
N.Y. Canal Law § 138-B Functions, powers and duties
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§ 138-b. Functions, powers and duties. The commission shall: 1. Develop, maintain and periodically revise a statewide canal recreationway plan (hereinafter referred to as the "plan") for the canal system. Such plan shall be developed in accordance with the provisions of section …
N.Y. Canal Law § 138-C Canal recreationway plan
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§ 138-c. Canal recreationway plan. 1. The commission shall, in accordance with the provisions of section one hundred thirty-eight-b of this article, formulate a statewide canal recreationway plan for the canal system that is based upon the inventory prepared pursuant to subdivis…
N.Y. Canal Law § 140 Saving clause
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§ 140. Saving clause. 1. The provisions of this chapter or the repeal of any statute thereby, shall not affect or impair any act done or right accrued or acquired, or any liability, penalty, forfeiture or punishment incurred or defense accrued, or established prior to its enactm…
N.Y. Canal Law § 141 Laws repealed
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§ 141. Laws repealed. Chapter thirteen of the laws of nineteen hundred and nine, entitled "An act relating to canals, constituting chapter five of the consolidated laws," and all acts amendatory thereof and supplemental thereto, and chapter sixty, laws of nineteen hundred and th…
N.Y. Canal Law § 142 When to take effect
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§ 142. When to take effect. This act shall take effect immediately.
N.Y. Canal Law § 2 Definitions
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§ 2. Definitions. The following terms when used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires otherwise, shall have the following meanings: 1. "New York State Canal System", "Canal System" or "Barge Canal System" shall each m…
N.Y. Canal Law § 21 Preparation contract, plans and estimates
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§ 21. Preparation contract, plans and estimates. The corporation shall make surveys and prepare plans and specifications for work in connection with the improvement, maintenance or repair of the canal system to be performed under contract. It shall ascertain with all practical a…
N.Y. Canal Law § 22 Supervision of contracts
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§ 22. Supervision of contracts. The corporation shall provide for field supervision over improvement, maintenance or repair work on the canal system that is done under contract. The corporation shall assign such engineers, inspectors and other engineering employees as may be nec…
N.Y. Canal Law § 23 Record of measurements
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§ 23. Record of measurements. The corporation shall require every engineer employed on canal engineering to enter in permanent field books a complete record of all surveys, field measurements and construction notes. These books shall be filed in the corporation and shall be avai…
N.Y. Canal Law § 24 Making and recording maps
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§ 24. Making and recording maps. There shall be kept on file in the office of the corporation complete maps of every canal now or hereafter to be built on which the boundaries of every parcel of land to which the state shall have a separate title shall be designated and the name…
N.Y. Canal Law § 25 Making and recording of "Blue Line" maps
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§ 25. Making and recording of "Blue Line" maps. The commissioner of transportation shall cause the preparation of maps of the Erie, Oswego, Champlain and the Cayuga and Seneca canals as they existed prior to and independent of lands appropriated for barge canal purposes and of a…
N.Y. Canal Law § 30 Contracts for improvement, maintenance or repair of the canal system
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§ 30. Contracts for improvement, maintenance or repair of the canal system. Upon the completion and final approval of the plans and specifications for the improvement, maintenance or repair to the canal system, contracts therefor shall be executed as provided herein. 1. Advertis…
N.Y. Canal Law § 31 Patented materials or articles
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§ 31. Patented materials or articles. In the improvement, maintenance, or repair of the canal system, no patented material or article or any other material or article shall be specified, contracted for, or purchased, except under such circumstances that there can be fair and rea…
N.Y. Canal Law § 32 Performance of contracts
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§ 32. Performance of contracts. The performance of every contract for the improvement, maintenance or repair of the canal system shall be under the supervision and control of the corporation, and it shall be its duty to see that every such contract is performed in accordance wit…
N.Y. Canal Law § 33 Acceptance of work
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§ 33. Acceptance of work. Upon the completion of the improvement, maintenance or repair of any part of the canal system under a contract let, as provided in this article, the corporation shall cause the same to be inspected, and upon the filing in the office of the corporation o…
N.Y. Canal Law § 34 Exemption of materials or equipment from execution
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§ 34. Exemption of materials or equipment from execution. All materials or equipment furnished or partly procured on a defaulted contract with the corporation, shall be exempt from execution, but the corporation shall pay the moneys due for such material or equipment to any judg…
N.Y. Canal Law § 35 Certain federal aid improvements
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§ 35. Certain federal aid improvements. This article shall not impair nor affect provisions of chapter six hundred eighty-eight of the laws of nineteen hundred thirty-four which authorize and direct compliance with the federal laws, rules, regulations and conditions which govern…
N.Y. Canal Law § 40 Acquisition of property
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§ 40. Acquisition of property. 1. The acquisition of property necessary for purposes of the improvement, use, maintenance, control, management or repair of the canal system, shall be pursuant to the provisions of the eminent domain procedure law by the corporation or by the comm…
N.Y. Canal Law § 41 Acquisition of cemeteries
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§ 41. Acquisition of cemeteries. Whenever in the judgment of the corporation, it is necessary for the purposes of improving, maintaining or repairing the canal system, to appropriate any property occupied by graves, burial places, cemeteries or other places of interment of human…
N.Y. Canal Law § 42 Removal of encroachments
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§ 42. Removal of encroachments. The corporation is authorized to cause to be removed from canal property any building, part of a building or structure erected, placed, maintained or otherwise occupying such canal property, if, in its opinion, the removal is necessary for the imp…
N.Y. Canal Law § 43 Exchange of property
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§ 43. Exchange of property. In order to facilitate the acquisition of property as defined in this article, and which, in the judgment of the corporation, will be in the public interest and necessary for canal purposes, payment for such property may be made by means of an exchang…
N.Y. Canal Law § 44 When applied
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§ 44. When applied. The provisions of this chapter shall not affect any proceeding or appropriation now pending for the acquisition of any property for the purposes of the canal system of the state of New York, and any such proceeding or appropriation shall be continued to termi…
N.Y. Canal Law § 5 Transfer of powers and duties relating to canals and canal lands to the power authority of the state of New York
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§ 5. Transfer of powers and duties relating to canals and canal lands to the power authority of the state of New York. The powers and duties of the thruway authority relating to the New York state canal system as set forth in articles one through and including fourteen, except a…
N.Y. Canal Law § 50 Authority to abandon canal lands
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§ 50. Authority to abandon canal lands. 1. Authority is hereby conferred upon the corporation to abandon any portion of barge canal lands, barge canal terminal lands, or old canal lands and appertaining structures constituting the canal system prior to the barge canal improvemen…
N.Y. Canal Law § 51 Method of abandonment
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§ 51. Method of abandonment. Prior to the exercising of such authority of abandonment, however, the corporation shall cause a notice of any proposed abandonment to be transmitted to the commission and to be published once each week for three successive weeks in a newspaper publi…
N.Y. Canal Law § 52 When applied
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§ 52. When applied. Notwithstanding the provisions of any existing general or special acts, the procedure in abandonment of canal lands shall hereafter be in accordance with the provisions set forth in this chapter.
N.Y. Canal Law § 53 Sale of abandoned lands for railroad bridges
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§ 53. Sale of abandoned lands for railroad bridges. Whenever any canal lands, as defined in article one of this chapter, are required in connection with any railroad bridge which has been or which is to be constructed, reconstructed or raised by or for a railroad corporation ove…
N.Y. Canal Law § 54 Abandonment and sale of hydropower easements; agreements with hydropower developers
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§ 54. Abandonment and sale of hydropower easements; agreements with hydropower developers. 1. Notwithstanding subdivision two of section three or section fifty of the public lands law or section fifty, fifty-one or fifty-two of this article, upon request of a person licensed und…
N.Y. Canal Law § 55 Authority to lease land
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§ 55. Authority to lease land. 1. The corporation is hereby authorized, after review and comment by the commission as to consistency with the canal recreationway plan approved pursuant to section one hundred thirty-eight-c of this chapter and section three hundred eighty-two of …