Legislation
SECTION 56
Conditions and terms of leases
Canal (CAL) CHAPTER 5, ARTICLE 6-A
§ 56. Conditions and terms of leases. Leases for canal lands, canal
terminals and canal terminal lands shall include:
1. the period of time for such leases, provided that the initial term
of such leases may not exceed forty years, and renewals of such leases
may not exceed an additional forty years beyond such initial terms;
2. requirements that the lessee take no actions or construct no
improvements that will interfere with navigation, except that if the
corporation determines that any potential adverse interference with
navigation can be reasonably mitigated, the corporation shall include in
the lease such requirements as may be necessary to effectuate mitigation
of impediments to navigation;
3. proper covenants to assure the payment of adequate consideration
for the interests leased, and to further protect the state and the
corporation as is deemed necessary by the corporation;
4. provisions requiring that payments on the lease shall be paid to
the corporation;
5. provisions relating to public access, where feasible, to lands and
waters of the canal system; provided however that the corporation may
require that public access be restricted in those cases where the
corporation determines that public safety will be served by such
restriction;
6. provisions providing a right of entry for commission and
corporation members and personnel and equipment for canal purposes; and
7. such other terms as the corporation shall determine are necessary
and appropriate for the implementation of this article and the
preservation of the state's interest in the canal system.
terminals and canal terminal lands shall include:
1. the period of time for such leases, provided that the initial term
of such leases may not exceed forty years, and renewals of such leases
may not exceed an additional forty years beyond such initial terms;
2. requirements that the lessee take no actions or construct no
improvements that will interfere with navigation, except that if the
corporation determines that any potential adverse interference with
navigation can be reasonably mitigated, the corporation shall include in
the lease such requirements as may be necessary to effectuate mitigation
of impediments to navigation;
3. proper covenants to assure the payment of adequate consideration
for the interests leased, and to further protect the state and the
corporation as is deemed necessary by the corporation;
4. provisions requiring that payments on the lease shall be paid to
the corporation;
5. provisions relating to public access, where feasible, to lands and
waters of the canal system; provided however that the corporation may
require that public access be restricted in those cases where the
corporation determines that public safety will be served by such
restriction;
6. provisions providing a right of entry for commission and
corporation members and personnel and equipment for canal purposes; and
7. such other terms as the corporation shall determine are necessary
and appropriate for the implementation of this article and the
preservation of the state's interest in the canal system.