§ 15-1739 — Revocation of license

New York § 15-1739

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Title 17: Water Power
• Art. 15: Water Resources

Text

§ 15-1739. Revocation of license.\n 1. The department may by resolution terminate and revoke any license,\nissued pursuant to the provisions of title 17 of this article for the\nfollowing reasons:\n a. Failure of the licensee to commence, advance or complete\nconstruction of the project works within the time fixed therefor, unless\nthe time be extended by the department; or\n b. Failure of the licensee to pay, at the time or times provided in\nthe license, the charge or rental provided for in the license or fixed\npursuant to law; or\n c. Failure of the licensee promptly to comply with any of the terms,\nconditions or provisions of title 17 of this article or of the license,\nor with any direction, order, rule or regulation given or made by the\ndepartment or otherwise, pursuant to the license or provisions of law.\n 2. No action terminating or revoking a license shall be taken until\nthe licensee is afforded an opportunity to appear before the department\nand be heard with respect thereto. Ten days' notice of the time and\nplace of the meeting of the department at which the action will be\nconsidered shall be given to the licensee.\n 3. In case the department revokes a license as herein provided because\nof the failure of the licensee in good faith to commence actual\nconstruction of the project works or any specified part thereof within\nthe required time, the licensee shall not recover any damages or\ncompensation from the state because of such revocation.\n 4. If the license is terminated or revoked, the state may elect to\ntake any and all interest of the licensee in and to state property\ncovered by the license including all works and structures thereon.\n 5. In such event the department may, subject to the making of adequate\nappropriation therefor, provide by written agreement for the payment to\nthe licensee of the amount of the enhancement in value, if any, of the\nstate property which is covered by the license resulting from any\nimprovements of the same made or effected by the licensee, not\nexceeding, however, the reconstruction cost, which recovery in the case\nof termination and revocation pursuant to paragraph a of subdivision 1\nof this section shall not include or be affected by any organization or\nother expenditures preliminary to actual construction work, and in the\ncase of termination and revocation pursuant to paragraphs b and c of\nsubdivision 1 of this section shall be less a deduction equal to that\nportion, if any, of the aggregate income from the project over and above\nactual and reasonable expenses of operation, including repairs, which\nshall exceed an amount equal to eight per centum per annum, to the time\nthat the state property is taken over by the state, of the actual and\nreasonable cost to the licensee of the lands and interests in lands, the\nactual and reasonable cost to the licensee of the ways, means and works\nand the allowance made for organization and development expenses. If the\namount involved does not exceed the indebtedness which may be lawfully\nincurred for such purposes without an appropriation, such agreement may\nprovide for the payment thereof before an appropriation is made.\n 6. In the event that the licensee and the department are unable to\nagree upon the amount of damages payable to the licensee as above\nprovided, and the same does not exceed the indebtedness which may be\nlawfully incurred, for such purpose without an appropriation being made\ntherefor, the licensee may recover from the state in the Court of Claims\nthe amount of enhanced value, if any, of the licensed property owned by\nthe state, resulting from any and all existing improvements of the same\nmade or effected by the licensee, not exceeding, however, the\nreconstruction cost, less depreciation thereof as limited above to\nproceedings pursuant to the provisions of paragraph a of subdivision 1,\nor less deduction as stated above for proceedings pursuant to paragraphs\nb and c of subdivision 1. If the amount of damages shall exceed the\namount of such lawful indebtedness, the revocation shall not take effect\nuntil an adequate appropriation has been made therefor and in such case\ndamages may be in like manner recovered in the Court of Claims.\n 7. The Attorney General at the request of the department may institute\nappropriate actions or proceedings in the Supreme Court in any judicial\ndistrict of the state or in any court of competent jurisdiction to carry\ninto effect the resolution of the department revoking any license and to\nremove from state property covered by the license, any licensee whose\nlicense has been revoked.\n