§ 84. Damage caused by termination of canal navigation. No part of the\ncanal system of the state which was improved pursuant to chapter seven\nhundred ten of the laws of nineteen hundred seven and the acts\nsupplemental thereto and amendatory thereof, shall be abandoned or\nnavigation thereof permanently closed, nor shall the state cede or\ntransfer ownership, jurisdiction or control thereof to the United States\npursuant to authority conferred by constitutional amendment, until the\nexpiration of one year after the corporation shall have been authorized\nand empowered by law to cause a notice of intention to take such action\nto be published once in each month during such year in at least one\nnewspaper published in each county adjacent to the part of such canal\nsystem affected by suc
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§ 84. Damage caused by termination of canal navigation. No part of the\ncanal system of the state which was improved pursuant to chapter seven\nhundred ten of the laws of nineteen hundred seven and the acts\nsupplemental thereto and amendatory thereof, shall be abandoned or\nnavigation thereof permanently closed, nor shall the state cede or\ntransfer ownership, jurisdiction or control thereof to the United States\npursuant to authority conferred by constitutional amendment, until the\nexpiration of one year after the corporation shall have been authorized\nand empowered by law to cause a notice of intention to take such action\nto be published once in each month during such year in at least one\nnewspaper published in each county adjacent to the part of such canal\nsystem affected by such notice. Each person, who, at the time of the\nfirst publication of such notice, is the owner of a commercial float\nregistered pursuant to the provisions of this chapter, which, at the\nclose of navigation in such year, shall have been actually engaged in\nthe navigation of the part of such canal system so abandoned, closed,\nceded or transferred, or so relinquished to the jurisdiction or control\nof the United States, may present a claim for damages against the state\nincluding the corporation to a court of competent jurisdiction, which\ncourt shall hear and determine the liability of the corporation\ntherefor; and, if the court shall find that such person has suffered or\nsustained damages by reason of such abandonment, closing, ceding,\ntransfer, or relinquishment which the corporation, in right and justice,\nor in law or equity, is obligated to pay, such damages shall constitute\na valid and legal claim against the corporation, and the corporation\nshall be deemed liable therefor, and the court may make an award to such\nperson and render a judgment in his favor against the corporation in\nsuch sums as it shall find to be just and equitable. It is declared to\nbe the purpose of this section to encourage and induce the construction\nof boats for use upon such canal system and their operation thereon and\nto protect from loss, financial investments made in such construction\nand operation caused by an abrupt, permanent termination of navigation,\nor the creation of conditions, which would result in the impairment,\nlimitation or destruction of navigation of such canal system by such\nfloats.\n