This text of New York § 82 (Seizure of obstruction) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
§ 82. Seizure of obstruction. The corporation may cause to be seized\nand removed any object, article, float or sunken thing found within the\nlimits of the canal system not under the care or charge of any person.\nIt shall sell or offer for sale all seized objects, articles, floats or\nsunken things either before or after their removal, as it deems\nessential for maintenance of the canal system. The sale shall be at\npublic auction after giving ten days' written notice of such proposed\nsale conspicuously posted at two public places in the city or town where\nsuch object, article, float or sunken thing is found unless before the\ntime of such sale the owner thereof appears and claims same and pays to\nthe corporation the cost and expense which has been incurred by it in\nconnection with
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§ 82. Seizure of obstruction. The corporation may cause to be seized\nand removed any object, article, float or sunken thing found within the\nlimits of the canal system not under the care or charge of any person.\nIt shall sell or offer for sale all seized objects, articles, floats or\nsunken things either before or after their removal, as it deems\nessential for maintenance of the canal system. The sale shall be at\npublic auction after giving ten days' written notice of such proposed\nsale conspicuously posted at two public places in the city or town where\nsuch object, article, float or sunken thing is found unless before the\ntime of such sale the owner thereof appears and claims same and pays to\nthe corporation the cost and expense which has been incurred by it in\nconnection with the seizure, removal and proposed sale. The owner\nthereof shall be liable for the cost and expense of such seizure,\nremoval and sale of the said object, article, float or sunken thing\nwhich cost and expense may be recovered by the attorney-general in an\nappropriate action or proceeding brought in the name of the people of\nthe state in any court of competent jurisdiction. The avails of such\nsale shall be accounted for by the corporation to the department of\ntaxation and finance which may on the application of the owner and upon\ndue proof of ownership pay over such proceeds to him after deducting all\ncosts, expenses and reasonable charges of the seizure, removal and sale\nthereof. Whenever in the opinion of the corporation the navigation or\noperation of any part of the canal system is interrupted or endangered,\nthe corporation may cause to be cut up, destroyed or otherwise removed\nany object, article, float or sunken thing in or partly in the waters of\nthe canal system which may, in its judgment, be causing such\ninterruption or damage. The corporation may enter into an agreement with\nthe owner or owners of any property so cut up, destroyed, or otherwise\nremoved, covering the amount of damage sustained. Such agreement when\napproved by the attorney-general shall become an obligation of the\ncorporation and paid from moneys available therefor. In case no\nagreement is consummated, the amount of damages sustained may be\ndetermined as provided in section one hundred twenty of this chapter.\n