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New York · Through 2026-09-11

N.Y. Canal Law § 42: Removal of encroachments

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Where this section sits in the code
  1. Canal Law
  2. Article 5. Acquisition of Property For the Canal System

§ 42. Removal of encroachments. The corporation is authorized to cause

to be removed from canal property any building, part of a building or

structure erected, placed, maintained or otherwise occupying such canal

property, if, in its opinion, the removal is necessary for the

improvement, use, maintenance, control, management, repair or operation

of the canal system. It shall be the duty of any person owning or

maintaining such a building, part of a building or structure to remove

the same within thirty days from the service by the corporation upon

said person of a notice ordering its removal. Upon the failure of the

person so ordered to remove the building, part of a building or

structure, the corporation may, without liability on the part of the

state or the corporation, take whatever action it may deem necessary to

cause the removal. Service of the order of removal must be personal if

the person to be served can be found within the state. If the

corporation shall not be able to serve such notice or cause the same to

be served on the said person within the state after making a reasonable

effort so to do, service may be made by attaching such notice to the

said building, part of a building or structure.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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