§ 42 — Removal of encroachments

New York § 42

• Jurisdiction: New York
• Law CAL: Canal
• Art. 5: Acquisition of Property For the Canal System

Text

§ 42. Removal of encroachments. The corporation is authorized to cause\nto be removed from canal property any building, part of a building or\nstructure erected, placed, maintained or otherwise occupying such canal\nproperty, if, in its opinion, the removal is necessary for the\nimprovement, use, maintenance, control, management, repair or operation\nof the canal system. It shall be the duty of any person owning or\nmaintaining such a building, part of a building or structure to remove\nthe same within thirty days from the service by the corporation upon\nsaid person of a notice ordering its removal. Upon the failure of the\nperson so ordered to remove the building, part of a building or\nstructure, the corporation may, without liability on the part of the\nstate or the corporation, take whatever action it may deem necessary to\ncause the removal. Service of the order of removal must be personal if\nthe person to be served can be found within the state. If the\ncorporation shall not be able to serve such notice or cause the same to\nbe served on the said person within the state after making a reasonable\neffort so to do, service may be made by attaching such notice to the\nsaid building, part of a building or structure.\n