Assembly Bill A1114

Signed By Governor
2009-2010 Legislative Session

Relates to the method of abandonment for the purposes of the canal system

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A1114 (ACTIVE) - Details

See Senate Version of this Bill:
S2830
Law Section:
Canal Law
Laws Affected:
Amd ยง51, Can L

2009-A1114 (ACTIVE) - Summary

Provides that the New York state canal corporation shall cause to be published in a newspaper in the municipality or locality where such lands are located notice of such abandonment and shall after publishing notice hold a hearing at which evidence or further information may be submitted.

2009-A1114 (ACTIVE) - Sponsor Memo

2009-A1114 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1114

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced by M. of A. DESTITO -- Multi-Sponsored by -- M. of A. McENENY
  -- read once and referred to the Committee on Tourism, Arts and Sports
  Development

AN  ACT to amend the canal law, in relation to the method of abandonment
  for the purposes of the canal system

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section 51 of the canal law, as amended by chapter 335 of
the laws of 2001, is amended to read as follows:
  S 51. Method of abandonment. Prior to the exercising of such authority
of abandonment, however, the corporation shall cause  a  notice  of  any
proposed  abandonment  to  be  transmitted  to  the commission and to be
published once each week for  three  successive  weeks  in  a  newspaper
published in the county wherein such lands are located, EXCEPT THAT SUCH
PUBLICATION SHALL APPEAR IN A NEWSPAPER PUBLISHED IN THE MUNICIPALITY OR
LOCALITY  WHEREIN  SUCH  LANDS  ARE  LOCATED  WHEN  THERE IS A NEWSPAPER
PUBLISHED IN SUCH MUNICIPALITY OR LOCALITY.  Such notice shall  describe
the lands proposed to be abandoned with sufficient certainty to identify
them  and  invite  interested  parties to file written statements either
supporting or opposing the proposed abandonment. Upon the expiration  of
the  period  of  publishing  said  notice,  WHEN IT IS THE CASE THAT THE
ASSESSMENT FOR SUCH LANDS PROPOSED FOR ABANDONMENT IS EQUAL TO OR GREAT-
ER THAN FIFTY THOUSAND DOLLARS, the corporation [may] SHALL hold a hear-
ing at which evidence or further information may be  submitted[,  if  in
its  opinion  the  written  statements  previously received warrant such
action]. A record shall be made of all evidence submitted at such  hear-
ing.  If  no  hearing shall appear to the corporation to be warranted or
subsequent to such hearing, should one be held, the corporation  may  in
its  discretion  declare  such  lands  abandoned for the purposes of the
canal system. The corporation shall thereupon issue  an  official  order

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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