senate Bill S6748A

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Transportation Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 17, 2021 print number 6748a
Nov 17, 2021 amend and recommit to transportation
May 13, 2021 referred to transportation

S6748 - Details

See Assembly Version of this Bill:
A7430
Current Committee:
Senate Transportation
Law Section:
Canal Law
Laws Affected:
Amd §42, Can L

S6748 - 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.

S6748 - Sponsor Memo

S6748 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6748
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed 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.

S6748A (ACTIVE) - Details

See Assembly Version of this Bill:
A7430
Current Committee:
Senate Transportation
Law Section:
Canal Law
Laws Affected:
Amd §42, Can L

S6748A (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.

S6748A (ACTIVE) - Sponsor Memo

S6748A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6748--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced  by  Sen.  ORTT  --  read twice and ordered printed, and when
   printed to be committed to the Committee on Transportation --  commit-
   tee  discharged, bill amended, ordered reprinted as amended and recom-
   mitted 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.
                                                            LBD11088-03-1
 S. 6748--A                          2

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