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This entry was published on 2014-09-22
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SECTION 120
Claims for damage generally
Canal (CAL) CHAPTER 5, ARTICLE 12
§ 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.