New York · statute · N.Y. Canal Law · 101 active provisions
CHAPTER 542 AN ACT relating to canals, constituting chapter five of the consolidated laws Became a law May 26, 1939, with the approval of the Governor. Passed, three-fifths being present The People of the State of New York, represented in Senate and Assembly, do enact as follows: CANAL LAW CHAPTER 5 OF THE CONSOLIDATED…
ARTICLE I SHORT TITLE AND DEFINITIONS Section 1. Short title. 2. Definitions.
Section 1. Short title. This chapter shall be known as the "Canal Law."
§ 2. Definitions. The following terms when used in this chapter, unless otherwise expressly stated or unless the context or subject matter requires otherwise, shall have the following meanings: 1. "New York State Canal System", "Canal System" or "Barge Canal System" shall each mean all the canals, canal lands, feeder c…
ARTICLE I-A TRANSFER TO POWER AUTHORITY OF THE STATE OF NEW YORK Section 5. Transfer of powers and duties relating to canals and canal lands to the power authority of the state of New York. 6. Transfer of canal lands and other assets.
§ 5. Transfer of powers and duties relating to canals and canal lands to the power authority of the state of New York. The powers and duties of the thruway authority relating to the New York state canal system as set forth in articles one through and including fourteen, except article seven, of this chapter, and except…
§ 6. Transfer of canal lands and other assets. 1. The jurisdiction of the thruway authority over the New York state canal system and over all state assets, equipment and property, both tangible and intangible, owned or used in connection with the planning, development, construction, reconstruction, maintenance and oper…
ARTICLE II POWERS OF THE CANAL CORPORATION Section 10. General powers and duties of the corporation relating to canals. 11. Adopt-a-trail program.
§ 10. General powers and duties of the corporation relating to canals. The corporation shall: 1. Have general supervision of the canal system and its operating personnel and enforce the faithful administration and observance of the canal law. 2. Appoint and remove all officers and employees in the administration of can…
§ 11. Adopt-a-trail program. 1. The corporation may develop and implement an adopt-a-trail program, the purposes of which may be to reduce and remove litter and debris and to enhance the appearance and maintenance of the canalway trail and related facilities, as needed. Such program may include, but not be limited to:…
ARTICLE III CANAL ENGINEERING Section 21. Preparation contract, plans and estimates. 22. Supervision of contracts. 23. Record of measurements. 24. Making and recording maps. 25. Making and recording of "Blue Line" maps.
§ 21. Preparation contract, plans and estimates. The corporation shall make surveys and prepare plans and specifications for work in connection with the improvement, maintenance or repair of the canal system to be performed under contract. It shall ascertain with all practical accuracy the quantity and quality of all m…
§ 22. Supervision of contracts. The corporation shall provide for field supervision over improvement, maintenance or repair work on the canal system that is done under contract. The corporation shall assign such engineers, inspectors and other engineering employees as may be necessary for control over the execution of…
§ 23. Record of measurements. The corporation shall require every engineer employed on canal engineering to enter in permanent field books a complete record of all surveys, field measurements and construction notes. These books shall be filed in the corporation and shall be available for public inspection under such co…
§ 24. Making and recording maps. There shall be kept on file in the office of the corporation complete maps of every canal now or hereafter to be built on which the boundaries of every parcel of land to which the state shall have a separate title shall be designated and the names of the former owner and date of each ti…
§ 25. Making and recording of "Blue Line" maps. The commissioner of transportation shall cause the preparation of maps of the Erie, Oswego, Champlain and the Cayuga and Seneca canals as they existed prior to and independent of lands appropriated for barge canal purposes and of all lands belonging to the state adjacent…
ARTICLE IV CANAL CONTRACTS Section 30. Contracts for improvement, maintenance or repair of the canal system. 31. Patented materials or articles. 32. Performance of contracts. 33. Acceptance of work. 34. Exemption of materials or equipment from execution. 35. Certain federal aid improvements.
§ 30. Contracts for improvement, maintenance or repair of the canal system. Upon the completion and final approval of the plans and specifications for the improvement, maintenance or repair to the canal system, contracts therefor shall be executed as provided herein. 1. Advertising for proposals. The corporation shall…
§ 31. Patented materials or articles. In the improvement, maintenance, or repair of the canal system, no patented material or article or any other material or article shall be specified, contracted for, or purchased, except under such circumstances that there can be fair and reasonable opportunity for competition, the…
§ 32. Performance of contracts. The performance of every contract for the improvement, maintenance or repair of the canal system shall be under the supervision and control of the corporation, and it shall be its duty to see that every such contract is performed in accordance with the provisions of the contract and with…
§ 33. Acceptance of work. Upon the completion of the improvement, maintenance or repair of any part of the canal system under a contract let, as provided in this article, the corporation shall cause the same to be inspected, and upon the filing in the office of the corporation of a certificate stating that the work has…
§ 34. Exemption of materials or equipment from execution. All materials or equipment furnished or partly procured on a defaulted contract with the corporation, shall be exempt from execution, but the corporation shall pay the moneys due for such material or equipment to any judgment creditor of the contractor under who…
§ 35. Certain federal aid improvements. This article shall not impair nor affect provisions of chapter six hundred eighty-eight of the laws of nineteen hundred thirty-four which authorize and direct compliance with the federal laws, rules, regulations and conditions which govern contracts and expenditures for the canal…
ARTICLE V ACQUISITION OF PROPERTY FOR THE CANAL SYSTEM Section 40. Acquisition of property. 41. Acquisition of cemeteries. 42. Removal of encroachments. 43. Exchange of property. 44. When applied.
§ 40. Acquisition of property. 1. The acquisition of property necessary for purposes of the improvement, use, maintenance, control, management or repair of the canal system, shall be pursuant to the provisions of the eminent domain procedure law by the corporation or by the commissioner of transportation at the request…