Section 56. Conditions and terms of leases  


Latest version.
  • Leases for canal lands, canal
      terminals and canal terminal lands shall include:
        1. the period of time for such leases, provided that the initial  term
      of  such  leases may not exceed forty years, and renewals of such leases
      may not exceed an additional forty years beyond such initial terms;
        2. requirements that the  lessee  take  no  actions  or  construct  no
      improvements  that  will  interfere  with navigation, except that if the
      corporation determines that  any  potential  adverse  interference  with
      navigation can be reasonably mitigated, the corporation shall include in
      the lease such requirements as may be necessary to effectuate mitigation
      of impediments to navigation;
        3.  proper  covenants  to assure the payment of adequate consideration
      for the interests leased, and to  further  protect  the  state  and  the
      corporation as is deemed necessary by the corporation;
        4.  provisions  requiring  that payments on the lease shall be paid to
      the corporation;
        5. provisions relating to public access, where feasible, to lands  and
      waters  of  the  canal system; provided however that the corporation may
      require that public access  be  restricted  in  those  cases  where  the
      corporation  determines  that  public  safety  will  be  served  by such
      restriction;
        6.  provisions  providing  a  right  of  entry  for   commission   and
      corporation members and personnel and equipment for canal purposes; and
        7.  such  other terms as the corporation shall determine are necessary
      and  appropriate  for  the  implementation  of  this  article  and   the
      preservation of the state's interest in the canal system.