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This entry was published on 2014-09-22
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SECTION 82
Seizure of obstruction
Canal (CAL) CHAPTER 5, ARTICLE 8
§ 82. Seizure of obstruction. The corporation may cause to be seized
and removed any object, article, float or sunken thing found within the
limits of the canal system not under the care or charge of any person.
It shall sell or offer for sale all seized objects, articles, floats or
sunken things either before or after their removal, as it deems
essential for maintenance of the canal system. The sale shall be at
public auction after giving ten days' written notice of such proposed
sale conspicuously posted at two public places in the city or town where
such object, article, float or sunken thing is found unless before the
time of such sale the owner thereof appears and claims same and pays to
the corporation the cost and expense which has been incurred by it in
connection with the seizure, removal and proposed sale. The owner
thereof shall be liable for the cost and expense of such seizure,
removal and sale of the said object, article, float or sunken thing
which cost and expense may be recovered by the attorney-general in an
appropriate action or proceeding brought in the name of the people of
the state in any court of competent jurisdiction. The avails of such
sale shall be accounted for by the corporation to the department of
taxation and finance which may on the application of the owner and upon
due proof of ownership pay over such proceeds to him after deducting all
costs, expenses and reasonable charges of the seizure, removal and sale
thereof. Whenever in the opinion of the corporation the navigation or
operation of any part of the canal system is interrupted or endangered,
the corporation may cause to be cut up, destroyed or otherwise removed
any object, article, float or sunken thing in or partly in the waters of
the canal system which may, in its judgment, be causing such
interruption or damage. The corporation may enter into an agreement with
the owner or owners of any property so cut up, destroyed, or otherwise
removed, covering the amount of damage sustained. Such agreement when
approved by the attorney-general shall become an obligation of the
corporation and paid from moneys available therefor. In case no
agreement is consummated, the amount of damages sustained may be
determined as provided in section one hundred twenty of this chapter.