§ 121 — Adjustment of claims of owners of private dams

New York § 121

• Jurisdiction: New York
• Law CAL: Canal
• Art. 12: Damages

Text

§ 121. Adjustment of claims of owners of private dams. Whenever the\nstate including the corporation in the course of the construction of the\nimproved canals in the rivers or waterways of the state, for the purpose\nof obtaining a sufficient depth or supply of water for canal purposes,\nhas utilized private dams theretofore lawfully constructed or\nmaintained, in such a manner as to constitute the same an essential part\nor portion of the improved canals, the corporation may compromise,\nsettle and adjust the claims and demands of the owners of any such dams\non such terms and conditions, including the payment to the owners of any\nsuch dams of such sums of money as to it may seem just and proper, and,\nby contract or otherwise, make proper provision with respect to the\nownership of and for the maintenance and upkeep of any such dams,\nprovided, however, that it shall not sell, transfer or convey to any\nsuch owner any right, title or interest in or to the use of any part or\nportion of the water impounded by such dams.\n