Assembly Bill A7430A

2021-2022 Legislative Session

Requires corporations to provide written notice to the municipality in which the canal is located and properties adjacent to such canal prior to commencing work along such canal

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2021-A7430 - Details

See Senate Version of this Bill:
S6748
Current Committee:
Assembly Transportation
Law Section:
Canal Law
Laws Affected:
Amd §42, Can L
Versions Introduced in 2023-2024 Legislative Session:
A2994, S1232

2021-A7430 - Summary

Requires corporations to provide written notice to the municipality in which the canal is located and properties adjacent to such canal prior to commencing work along such canal; requires the corporation to hold a public hearing prior to commencing such work; allows for exceptions in certain situations.

2021-A7430 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7430
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced by M. of A. JENSEN -- read once and referred to the Committee
   on Transportation
 
 AN  ACT to amend the canal law, in relation to requiring corporations to
   provide written notice to the  municipality  in  which  the  canal  is
   located and properties adjacent to such canal prior to commencing work
   along such canal

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 42 of the canal law, as amended by chapter  335  of
 the laws of 2001, is amended to read as follows:
   §  42.  Removal  of encroachments, TREES AND VEGETATION. 1. The corpo-
 ration 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 improvement, use, maintenance, control, management,
 repair  or  operation  of  the canal system. It shall be the duty of any
 person owning or maintaining such a building,  part  of  a  building  or
 structure  to remove the same within thirty days from the service by the
 corporation upon said person of a notice ordering its removal. Upon  the
 failure  of  the  person  so  ordered  to remove the building, part of a
 building or structure, the corporation may,  without  liability  on  the
 part  of  the state or the corporation, take whatever action it may deem
 necessary to cause the removal. Service of the order of removal must  be
 personal  if  the  person to be served can be found within the state. If
 the corporation shall not be able to serve such notice or cause the same
 to be served on the said person within the state after making a  reason-
 able  effort  so  to do, service may be made by attaching such notice to
 the said building, part of a building or structure.
   2. THE CORPORATION SHALL PROVIDE WRITTEN NOTICE TO ANY MUNICIPALITY IN
 WHICH ANY WORK ALONG A CANAL SHALL BE DONE, AS WELL AS ANY AND ALL PROP-
 ERTIES ADJACENT TO SUCH CANAL, NO LESS THAN NINETY DAYS AND NO MORE THAN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2021-A7430A (ACTIVE) - Details

See Senate Version of this Bill:
S6748
Current Committee:
Assembly Transportation
Law Section:
Canal Law
Laws Affected:
Amd §42, Can L
Versions Introduced in 2023-2024 Legislative Session:
A2994, S1232

2021-A7430A (ACTIVE) - Summary

Requires corporations to provide written notice to the municipality in which the canal is located and properties adjacent to such canal prior to commencing work along such canal; requires the corporation to hold a public hearing prior to commencing such work; allows for exceptions in certain situations.

2021-A7430A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7430--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 7, 2021
                                ___________
 
 Introduced  by M. of A. JENSEN, GALLAHAN, B. MILLER, MANKTELOW, SMULLEN,
   BYRNES -- read once and referred to the Committee on Transportation --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT to amend the canal law, in relation to requiring corporations to
   provide written notice to the  municipality  in  which  the  canal  is
   located and properties adjacent to such canal prior to commencing work
   along such canal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 42 of the canal law, as amended by chapter  335  of
 the laws of 2001, is amended to read as follows:
   §  42.  Removal  of encroachments, TREES AND VEGETATION. 1. The corpo-
 ration 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 improvement, use, maintenance, control, management,
 repair  or  operation  of  the canal system. It shall be the duty of any
 person owning or maintaining such a building,  part  of  a  building  or
 structure  to remove the same within thirty days from the service by the
 corporation upon said person of a notice ordering its removal. Upon  the
 failure  of  the  person  so  ordered  to remove the building, part of a
 building or structure, the corporation may,  without  liability  on  the
 part  of  the state or the corporation, take whatever action it may deem
 necessary to cause the removal. Service of the order of removal must  be
 personal  if  the  person to be served can be found within the state. If
 the corporation shall not be able to serve such notice or cause the same
 to be served on the said person within the state after making a  reason-
 able  effort  so  to do, service may be made by attaching such notice to
 the said building, part of a building or structure.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11088-02-1
 A. 7430--A                          2
              

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