Section 120. Claims for damage generally  


Latest version.
  • 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.