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This entry was published on 2014-09-22
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Removal of encroachments
§ 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
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 reasonable
effort so to do, service may be made by attaching such notice to the
said building, part of a building or structure.