Section 42. Removal of encroachments  


Latest version.
  • 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.