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L. 1909, cha 50

Abandoned Canal Lands and Structures

$ 50

ARTICLE 4*
ABANDONED CANAL LANDS AND STRUCTURES
Section 50. Sale of abandoned canal lands.

51. Release of land acquired without consideration.
52. Report of useless lands and structures.
53. Resolution of abandonment; appraisal.
51. Sale to city or village.
55. Sale to owner of building.
56. Sale at public auction.
57. Place, notice and conduct of sale.
58. Release of state from obligation of maintenance.
59. Disposition of proceeds.
59-a. Records of canal board and of commissioners of

land office.

§ 50. Sale of abandoned canal lands. The commissioners of the land office may sell and convey the right, title and interest of the state in and to any real property, acquired for canal purposes, which the canal board, by resolution, determine to have been abandoned for such purposes, including any real property, which. at the time it was taken for canal purposes, was owned by the state, and was thereafter convered by the state with adjoining lands without express reservation of the part covered by the canal, other than abandoned canals, sold and conveyed by the state prior to April twenty-seventh, cighteen hundred and sixty-nine, and other than dry docks within the canal blue lines in the city of Oswego, built by permission of the state, and other than lands and structures rendered useless for canal purposes by the improvement of state canals authorized by chapter one hundred and fortyseven of the laws of nineteen hundred and three and chapter three hundred and ninety-one of the lars of nineteen hundred and nine and the acts amendatory thereof and supplemental thereto, proceedings for the abandonment and sale of which are provided for in sections fifty-two, tifty-three tifty-four, fifty-five, fifty-six, fifty-seven, fifty-eight, fifty-nine and fifty-nine-a of this chapter, and chapters eight hundred and ninety-three and eight hun tred and ninety-four of the laws of nineteen hundred and eleven. If such property is used at the time of such abandonment as a hydraulic canal, such conveyance shall not prevent the future use thereof for that purpose, but shall expressly reserve the right to continue the same."

*Article amended by L. 1916, ch. 299, § 4, by which sertions 52 59a were added.

1 Remainder of sentence new.

2 Final sentence of former section omitted. It read The proceeds of such sales shall be credited to the fund appropriated for the construction, improvement and repair of the canals."

$$ 51, 52

Abandoned Canal Lands and Structures

L. 1909, cha 50

This section was derived from the Public Lands Law of 1894, § 50. It was amended to read as above by L. 1916, ch. 299, § 3. The amendments are shown in the footnotes.

Constitutional prohibition against sale, lease or other disposition of canal lands: see CONSTITUTION, art. 7. § S.

Duties of canal board with reference to abandoned canal lands: see CANAL LAW, $ 15.

Section as affected by constitutional prohibition against sale of canals.The constitutional prohibition (art. 7, § 8) against the sale, lease or other disposition of the Erie and other canals of the state does not affect the legislative provision for the sale of abandoned canal lands. Sweet v. Syracuse, (1891) 129 X. Y. 316, 27 X. E. 1081, 29 X. E. 289, reversing judgment 60 Hun 28, 14 X. Y. S. 421; People v. Stephens, (1878) 13 Hun 17; Op. Atty.Gen. (1911) 116; Op. Atty.-Gen. (1909) 706; Op. Atty.-Gen. (1905) 187; Op. Atty.-Gen. (1895) 319.

Cited. This section was cited in Op. Atty.-Gen. (1909) 475; Op. Atty.Gen. (1907) 546; Op. Atty.-Gen. (1906) 373; Op. Atty.-Gen. (1905) 470; Op. Atty.-Gen. (1905) 607; Op. Atty.-Gen. (1900) 128.

§ 51. Release of land acquired without consideration. If the state acquired title to any such real property, by grant or otherwise, from the owner, without the payment of any consideration therefor, the commissioners may release to the person from whom the same was acquired, or his heirs or assigns, all the right, title and interest of the state in and to such real property, to be held subject to such rules, regulations and requirements as the commissioners deem for the best interest of the state.

This section was derived from the Public Lands Law of 1891, § 52.

Section 51 of the Public Lands Law of 1894, relating to Preference to original owner," was repealed by L. 1905, ch. 451.

Acceptance of reconveyance by former owner. It has been ruled that the state cannot compel the owner of lands which have been taken for canal purposes to accept a reconveyance of the lands upon the determination that they are not necessary for such purposes. Op. Atty.-Gen. (1915) 47. See also op. Alty-Gen. (1909) 47.5.

Cited. This section was cited in Op. Atty.-Gen. (1911) 116; Op. Atty.Gen. (1909) 411; Op. Aty-Gen. (1908) 601; Op. Atty.-Gen. (1905) 607; Op. Atty.-Gen. (1904) 513.

$ 52. Report of useless lands and structures. Upon the completion of any portion of the improvement of the state canals authorized by chapter one hundred and forty-seven of the laws of nineteen hundred and three and chapter three hundred and ninetyone of the laws of nineteen hundred and wine and the acts itinendatory thereof and supplemental thereto, and upon the placing in operation and use of such portion for navigation purposes, if any portion of the present canals for which the improved canal furnishes a substitute shall have become no longer necessary or useful as a part of the barge canal system of the state, as an aid to navigation thereon, or upon any portion of the said present canals ceasing to be necessary as part of the said barge canal system because of an alternative available water route, the state engineer and surveyor and superintendent of public works shall make a report to the canal board showing the portions or sections of the improved canals completed and placed in operation, and

L. 1909, chu 50

Abandoned Canal Lands and Structures

§ 53

describing in detail the lands and structures owned by the state for canal purposes rendered or becoming no longer necessary or useful as parts of the barge canal system as an aid to navigation thereon or for public terminal purposes and stating the reasons why such lands and structures are no longer necessary or useful for such purposes.

. New. Added by L. 1916, ch. 299, 4.

§ 53. Resolution of abandonment; appraisal. Upon the filing with it of such report, the canal board may, by resolution adopted at a meeting at which the state engineer and surveyor and the superintendent of public works are present, determine and declare that it is proposed to abandon such lands or structures reported by the state engineer and surveyor and the superintendent of public works as no longer necessary or useful for canal purposes, and fixing a time when and place where interested municipalities, persons, firms and corporations shall be heard, and shall publish such resolution, with notice of the time and place of hearing, which time shall not be less than thirty days after the last date of publication as hereinafter provided. Such publication of such resolution and notice shall be made by publishing the same at least twice a week for two successive weeks in the official state paper, and if such lands or structures proposed to be abandoned are situated wholly or in part in a city or incorporated village where a daily newspaper is published, such resolution and notice shall be published in any such paper at least twice a week for two successive weeks; but if there be no such newspaper published in such city or incorporated village, or such lands or structures are not situated wholly or in part in any city or incorporated village, then such resolution and notice shall be published in a newspaper published in each county in which the lands and structures to be abandoned, or any part thereof, are situated, at least once :1 week for two successive weeks.

In addition to such publication, such resolution and notice shall, within ten days of the date of the first publication, be served by mailing the same in a securely closed, post-paid wrapper, addressed to each municipality, person, firm or corporation who has filed with canal board a request in writing that any such resolution and notice be so served on them.

After the hearing herein provided for, the canal board may, by resolution adopted by the affirmative votes of at least three members of the canal board in adılition to the affirmative votes of the state engineer and surveyor and the superintendent of public works, abandon the lands and structures so reported and thereupon such lands or structures mar be sold and convered by the state as in this article provided.

$$ 54, 55

Abandoned Canal Lands and Structures

L. 1909, ch. 50

In case any lands or structures are abandoned for canal purposes as herein provided, the commissioners of the land office shall cause to be made an examination of such abandoned lands and structures for the purpose of ascertaining and determining the value of the right, title and interest of the state in the same for manufacturing, commercial or private purposes. Such examination and appraisal shall be made by a committee or by such other method as in the judgment of the commissioners will be for the best interests of the state, and a verified report, containing the results of such examination and appraisal, shall be made and filed with the secretary of state. Such appraisement shall be made in such manner as to permit the sale of the lands and structures so appraised in accordance with the provisions of this article.

New. Added by L. 1916, ch. 299, § 4.

§ 54. Sale to city or village. The commissioners of the land office may sell and convey the right, title and interest of the state in and to any such lands or structures which have been abandoned and appraised pursuant to the provisions of section fifty-three. If any such lands or structures are situated within the limits of a city or incorporated village, and their use in whole or in part is desired by the city or incorporated village wherein they are situated, the commissioners of the land office may sell such lands or structures, in whole or in part, to such city or incorporated village at the appraised value thereof on such terms as may seem advantageous to the state, provided such city or village files with the commissioners of the land office, within four months after the adoption of the resolution of abandonment provided for in section fifty-three of this chapter, a written notice of its intention to purchase the whole or a part of such lands or structures and any city or incorporated village so filing such notice shall be first entitled to purchase either the whole or a part of such lands or structures as may be indicated by such notice, provided such purchase is made within the time and upon the terms as to payment of the purchase price fixed by the commissioners of the land office. Any such city or incorporated village is hereby authorized to acquire such lands or structures and to provide means of payment therefor.

New. Added by L. 1916, ch. 299, § 4.

$ 55. Sale to owner of building. The owner of a building located upon any lands situated in a city or incorporated village, so abandoned for canal purposes and not sold to a city or incorporated village as prescribed by section fifty-four, or upon any land or structures so abandoned for canal purposes and not within a city or incorporated village, which building shall have

L. 1909, cha 50

Abandoned Canal Lands and Structures

§ 56

occupied such lands for five years prior to January first, nineteen hundred and sixteen, shall have a preferential right to acquire the land occupied by such building at the appraised value thereof, and the commissioners of the land office shall, on application and proof of occupation by such owner, convey to him at tủe appraised value the right, title and interest of the state in the land occupied by such building. The commissioners of the land office may serve upon the owner of any such building a notice stating that such land has been abandoned, the appraised value of the land occupied by such building, and that the owner has a preferential right to purchase the same within a time specified in such notice. Such notice may be served personally upon such owner, or upon any adult person in charge of such building, or by attaching the same conspicuously to such building. The time specified in such notice shall not be less than three months after the service thereof. If within such specified time the owner of such building does not avail himself of the privilege of acquiring the land occupied by such building, the commissioners of the land office may dispose of such land in such manner as is otherwise authorized by this article. Any city or incorporated village acquiring lands occupied by such buildings may sell the same at public or private sale.

New. Added by L. 1916, ch. 299, $ 4.

§ 56. Sale at public auction. Any lands or structures SO abandoned for canal purposes, or parts thereof, situated within a city or incorporated village and not acquired by such city or incorporated village or by the owner of a building, within the time and in the manner hereinbefore provided, may, in the discretion of the commissioners of the land office, be sold at public sale to the highest bidder at not less than the appraised value, in separate parcels of not more than one-eighth of a unile in length, such parcels wherever practicable to correspond in length as nearly as may be feasible with the length of the blocks avljacent or nearest thereto, in the city or village where such lands or structures are situated. The determination of the commissioners of the land office as to whether the sale of parcels corresponding to such blocks is practicable, and as to whether the parcels sold do in fact correspond in length to such blocks, shall be final. Any lands or structures so abandoned for canal purposes and not situated within a city or incorporated village nor acquired by the owner of a building as hereinbefore provided may be sold by the commissioners of the land office at public sale to the highest bidder at not less than the appraiserl value, in such parcels or sections as the commissioners of the land office may determine. If at the time of the abandonment for canal purposes of any parcel of land not situated within a city, the title to the lands

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