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This entry was published on 2014-09-22
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Damage caused by termination of canal navigation
§ 84. Damage caused by termination of canal navigation. No part of the
canal system of the state which was improved pursuant to chapter seven
hundred ten of the laws of nineteen hundred seven and the acts
supplemental thereto and amendatory thereof, shall be abandoned or
navigation thereof permanently closed, nor shall the state cede or
transfer ownership, jurisdiction or control thereof to the United States
pursuant to authority conferred by constitutional amendment, until the
expiration of one year after the corporation shall have been authorized
and empowered by law to cause a notice of intention to take such action
to be published once in each month during such year in at least one
newspaper published in each county adjacent to the part of such canal
system affected by such notice. Each person, who, at the time of the
first publication of such notice, is the owner of a commercial float
registered pursuant to the provisions of this chapter, which, at the
close of navigation in such year, shall have been actually engaged in
the navigation of the part of such canal system so abandoned, closed,
ceded or transferred, or so relinquished to the jurisdiction or control
of the United States, may present a claim for damages against the state
including the corporation to a court of competent jurisdiction, which
court shall hear and determine the liability of the corporation
therefor; and, if the court shall find that such person has suffered or
sustained damages by reason of such abandonment, closing, ceding,
transfer, or relinquishment which the corporation, in right and justice,
or in law or equity, is obligated to pay, such damages shall constitute
a valid and legal claim against the corporation, and the corporation
shall be deemed liable therefor, and the court may make an award to such
person and render a judgment in his favor against the corporation in
such sums as it shall find to be just and equitable. It is declared to
be the purpose of this section to encourage and induce the construction
of boats for use upon such canal system and their operation thereon and
to protect from loss, financial investments made in such construction
and operation caused by an abrupt, permanent termination of navigation,
or the creation of conditions, which would result in the impairment,
limitation or destruction of navigation of such canal system by such