Section 43. Exchange of property  


Latest version.
  • In order to facilitate the acquisition of
      property as defined in this article, and which, in the judgment  of  the
      corporation,  will  be  in  the  public interest and necessary for canal
      purposes, payment for such property may be made by means of an  exchange
      therefor of property found to be no longer necessary or useful as a part
      of  the  barge  canal system, or as an aid to navigation thereon, or for
      barge canal terminal purposes. The property to be so acquired  shall  be
      of  at  least  equal value to that of such property to be exchanged. The
      corporation is authorized and empowered to enter into an agreement  with
      the  owner or owners of such property to be so acquired, upon such terms
      and conditions as to such corporation shall seem appropriate and  proper
      to accomplish such purpose.
        In  all  such  cases,  the  property so to be exchanged shall first be
      declared abandoned by official order  of  the  corporation  which  order
      shall  set  forth  the benefits to be obtained by such exchange. In such
      abandonment it shall be unnecessary to conform  to  the  provisions  for
      abandonment made in section fifty-one of this chapter. The agreement and
      the  title  to  the  property  to  be  acquired  shall be subject to the
      approval of the attorney-general. Upon the  approval  of  title  by  the
      attorney-general, the corporation is authorized and empowered to execute
      in the name of the people of the state of New York, a quit-claim deed to
      effectuate  such exchange, which shall be subject to the approval of the
      attorney-general. The deed so executed, before becoming effective, shall
      be recorded in the office of the secretary  of  state.  Compensation  on
      account  of  excess  value  if  any,  of  the lands so acquired shall be
      adjusted and paid in the  manner  provided  by  section  forty  of  this
      article, as in the case of property taken by appropriation.