Section 82. Seizure of obstruction  


Latest version.
  • The corporation may cause to be seized
      and removed any object, article, float or sunken thing found within  the
      limits  of  the canal system not under the care or charge of any person.
      It shall sell or offer for sale all seized objects, articles, floats  or
      sunken  things  either  before  or  after  their  removal,  as  it deems
      essential for maintenance of the canal system.  The  sale  shall  be  at
      public  auction  after  giving ten days' written notice of such proposed
      sale conspicuously posted at two public places in the city or town where
      such object, article, float or sunken thing is found unless  before  the
      time  of such sale the owner thereof appears and claims same and pays to
      the corporation the cost and expense which has been incurred  by  it  in
      connection  with  the  seizure,  removal  and  proposed  sale. The owner
      thereof shall be liable for  the  cost  and  expense  of  such  seizure,
      removal  and  sale  of  the  said object, article, float or sunken thing
      which cost and expense may be recovered by the  attorney-general  in  an
      appropriate  action  or  proceeding brought in the name of the people of
      the state in any court of competent jurisdiction.  The  avails  of  such
      sale  shall  be  accounted  for  by the corporation to the department of
      taxation and finance which may on the application of the owner and  upon
      due proof of ownership pay over such proceeds to him after deducting all
      costs,  expenses and reasonable charges of the seizure, removal and sale
      thereof. Whenever in the opinion of the corporation  the  navigation  or
      operation  of any part of the canal system is interrupted or endangered,
      the corporation may cause to be cut up, destroyed or  otherwise  removed
      any object, article, float or sunken thing in or partly in the waters of
      the   canal   system  which  may,  in  its  judgment,  be  causing  such
      interruption or damage. The corporation may enter into an agreement with
      the owner or owners of any property so cut up, destroyed,  or  otherwise
      removed,  covering  the  amount of damage sustained. Such agreement when
      approved by the attorney-general  shall  become  an  obligation  of  the
      corporation  and  paid  from  moneys  available  therefor.  In  case  no
      agreement is  consummated,  the  amount  of  damages  sustained  may  be
      determined as provided in section one hundred twenty of this chapter.