N.Y. Canal Law § 121: Adjustment of claims of owners of private dams

§ 121. Adjustment of claims of owners of private dams. Whenever the

state including the corporation in the course of the construction of the

improved canals in the rivers or waterways of the state, for the purpose

of obtaining a sufficient depth or supply of water for canal purposes,

has utilized private dams theretofore lawfully constructed or

maintained, in such a manner as to constitute the same an essential part

or portion of the improved canals, the corporation may compromise,

settle and adjust the claims and demands of the owners of any such dams

on such terms and conditions, including the payment to the owners of any

such dams of such sums of money as to it may seem just and proper, and,

by contract or otherwise, make proper provision with respect to the

ownership of and for the maintenance and upkeep of any such dams,

provided, however, that it shall not sell, transfer or convey to any

such owner any right, title or interest in or to the use of any part or

portion of the water impounded by such dams.