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A01114 Summary:

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A01114 Floor Votes:

A01114 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1114
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (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:
 
     1    Section  1.  Section 51 of the canal law, as amended by chapter 335 of
     2  the laws of 2001, is amended to read as follows:
     3    § 51. Method of abandonment. Prior to the exercising of such authority
     4  of abandonment, however, the corporation shall cause  a  notice  of  any
     5  proposed  abandonment  to  be  transmitted  to  the commission and to be
     6  published once each week for  three  successive  weeks  in  a  newspaper
     7  published in the county wherein such lands are located, except that such
     8  publication shall appear in a newspaper published in the municipality or
     9  locality  wherein  such  lands  are  located  when  there is a newspaper
    10  published in such municipality or locality.  Such notice shall  describe

    11  the lands proposed to be abandoned with sufficient certainty to identify
    12  them  and  invite  interested  parties to file written statements either
    13  supporting or opposing the proposed abandonment. Upon the expiration  of
    14  the  period  of  publishing  said  notice,  when it is the case that the
    15  assessment for such lands proposed for abandonment is equal to or great-
    16  er than fifty thousand dollars, the corporation [may] shall hold a hear-
    17  ing at which evidence or further information may be  submitted[,  if  in
    18  its  opinion  the  written  statements  previously received warrant such
    19  action]. A record shall be made of all evidence submitted at such  hear-
    20  ing.  If  no  hearing shall appear to the corporation to be warranted or

    21  subsequent to such hearing, should one be held, the corporation  may  in
    22  its  discretion  declare  such  lands  abandoned for the purposes of the
    23  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.
                                                                   LBD03559-01-9
        A. 1114                             2
 
     1  abandoning  the  lands  for  canal  purposes  together  with  a  map and
     2  description of the lands abandoned and dispose of any portion  of  canal
     3  lands  so abandoned. Any money realized from the sale of such land shall
     4  be deposited into the canal fund.
     5    §  2.  This  act shall take effect on the thirtieth day after it shall
     6  have become a law.