N.Y. Environmental Conservation Law § 15-1739: Revocation of license

§ 15-1739. Revocation of license.

1. The department may by resolution terminate and revoke any license,

issued pursuant to the provisions of title 17 of this article for the

following reasons:

a. Failure of the licensee to commence, advance or complete

construction of the project works within the time fixed therefor, unless

the time be extended by the department; or

b. Failure of the licensee to pay, at the time or times provided in

the license, the charge or rental provided for in the license or fixed

pursuant to law; or

c. Failure of the licensee promptly to comply with any of the terms,

conditions or provisions of title 17 of this article or of the license,

or with any direction, order, rule or regulation given or made by the

department or otherwise, pursuant to the license or provisions of law.

2. No action terminating or revoking a license shall be taken until

the licensee is afforded an opportunity to appear before the department

and be heard with respect thereto. Ten days' notice of the time and

place of the meeting of the department at which the action will be

considered shall be given to the licensee.

3. In case the department revokes a license as herein provided because

of the failure of the licensee in good faith to commence actual

construction of the project works or any specified part thereof within

the required time, the licensee shall not recover any damages or

compensation from the state because of such revocation.

4. If the license is terminated or revoked, the state may elect to

take any and all interest of the licensee in and to state property

covered by the license including all works and structures thereon.

5. In such event the department may, subject to the making of adequate

appropriation therefor, provide by written agreement for the payment to

the licensee of the amount of the enhancement in value, if any, of the

state property which is covered by the license resulting from any

improvements of the same made or effected by the licensee, not

exceeding, however, the reconstruction cost, which recovery in the case

of termination and revocation pursuant to paragraph a of subdivision 1

of this section shall not include or be affected by any organization or

other expenditures preliminary to actual construction work, and in the

case of termination and revocation pursuant to paragraphs b and c of

subdivision 1 of this section shall be less a deduction equal to that

portion, if any, of the aggregate income from the project over and above

actual and reasonable expenses of operation, including repairs, which

shall exceed an amount equal to eight per centum per annum, to the time

that the state property is taken over by the state, of the actual and

reasonable cost to the licensee of the lands and interests in lands, the

actual and reasonable cost to the licensee of the ways, means and works

and the allowance made for organization and development expenses. If the

amount involved does not exceed the indebtedness which may be lawfully

incurred for such purposes without an appropriation, such agreement may

provide for the payment thereof before an appropriation is made.

6. In the event that the licensee and the department are unable to

agree upon the amount of damages payable to the licensee as above

provided, and the same does not exceed the indebtedness which may be

lawfully incurred, for such purpose without an appropriation being made

therefor, the licensee may recover from the state in the Court of Claims

the amount of enhanced value, if any, of the licensed property owned by

the state, resulting from any and all existing improvements of the same

made or effected by the licensee, not exceeding, however, the

reconstruction cost, less depreciation thereof as limited above to

proceedings pursuant to the provisions of paragraph a of subdivision 1,

or less deduction as stated above for proceedings pursuant to paragraphs

b and c of subdivision 1. If the amount of damages shall exceed the

amount of such lawful indebtedness, the revocation shall not take effect

until an adequate appropriation has been made therefor and in such case

damages may be in like manner recovered in the Court of Claims.

7. The Attorney General at the request of the department may institute

appropriate actions or proceedings in the Supreme Court in any judicial

district of the state or in any court of competent jurisdiction to carry

into effect the resolution of the department revoking any license and to

remove from state property covered by the license, any licensee whose

license has been revoked.