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This entry was published on 2014-09-22
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SECTION 51
Method of abandonment
Canal (CAL) CHAPTER 5, ARTICLE 6
§ 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
published in the county wherein such lands are located, except that such
publication shall appear in a newspaper published in the municipality or
locality wherein such lands are located when there is a newspaper
published in such municipality or locality. Such notice shall describe
the lands proposed to be abandoned with sufficient certainty to identify
them and invite interested parties to file written statements either
supporting or opposing the proposed abandonment. Upon the expiration of
the period of publishing said notice, when it is the case that the
assessment for such lands proposed for abandonment is equal to or
greater than fifty thousand dollars, the corporation shall hold a
hearing at which evidence or further information may be submitted. A
record shall be made of all evidence submitted at such hearing. If no
hearing shall appear to the corporation to be warranted or subsequent to
such hearing, should one be held, the corporation may in its discretion
declare such lands abandoned for the purposes of the canal system. The
corporation shall thereupon issue an official order abandoning the lands
for canal purposes together with a map and description of the lands
abandoned and dispose of any portion of canal lands so abandoned. Any
money realized from the sale of such land shall be deposited into the
canal fund.