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N.Y. Canal Law § 5

Transfer of powers and duties relating to canals and canal lands to the power authority of the state of New York

Redline — January 1, 2017 → current.View current text →
Current — January 1, 2018
As of January 1, 2017
* § 5. Transfer of powers and duties relating to canals and canal\nlands to the New York state thruway authority. The powers and duties of\nthe commissioner of transportation relating to the New York state canal\nsystem as set forth in articles one through and including fourteen,\nexcept article seven, of this chapter, and except properties in use on\nthe effective date of this article in support of highway maintenance,\nequipment management and traffic signal operations of the department of\ntransportation, are hereby transferred to and merged with the authority,\nto be exercised by the authority on behalf of the people of the state of\nNew York. In addition, the commissioner of transportation and the\nchairman of the authority may, in their discretion, enter into an\nagreement or agreements transferring the powers and duties of the\ncommissioner of transportation relating to any or all of the bridges and\nhighways as set forth in article seven of this chapter, to be exercised\nby the authority on behalf of the people of the state of New York, and\nshall enter into an agreement or agreements for the financing,\nconstruction, reconstruction or improvement of lift and movable bridges\non the canal system. Such powers shall be in addition to other powers\nenumerated in title nine of article two of the public authorities law.\nAll of the provisions of title nine of article two of such law which are\nnot inconsistent with this chapter shall apply to the actions and duties\nof the authority pursuant to this chapter. The authority shall be deemed\nto be the state in exercising the powers and duties transferred pursuant\nto this section but for no other purposes.\n * NB Effective until January 1, 2017\n * § 5. Transfer of powers and duties relating to canals and canal\nlands to the power authority of the state of New York. The powers and\nduties of the thruway authority relating to the New York state canal\nsystem as set forth in articles one through and including fourteen,\nexcept article seven, of this chapter, and except properties in use on\nthe effective date of this article in support of highway maintenance,\nequipment management and traffic signal operations of the department of\ntransportation, heretofore transferred by the commissioner of\ntransportation to the thruway authority, are hereby transferred to and\nmerged with the authority, to be exercised by the authority directly or\nthrough the canal corporation on behalf of the people of the state of\nNew York. In addition, the commissioner of transportation and the chair\nof the authority or his or her designee may, in their discretion, enter\ninto an agreement or agreements transferring the powers and duties of\nthe commissioner of transportation relating to any or all of the bridges\nand highways as set forth in article seven of this chapter, to be\nexercised by the authority directly or through the canal corporation on\nbehalf of the people of the state of New York, and, as determined to be\nfeasible and advisable by the authority's trustees, shall enter into an\nagreement or agreements directly or through the canal corporation for\nthe financing, construction, reconstruction or improvement of lift and\nmovable bridges on the canal system. Such powers shall be in addition to\nother powers enumerated in title one of article five of the public\nauthorities law. All of the provisions of title one of article five of\nsuch law which are not inconsistent with this chapter shall apply to the\nactions and duties of the authority pursuant to this chapter. The\nauthority shall be deemed to be the state in exercising the powers and\nduties transferred pursuant to this section but for no other purposes.\n * NB Effective January 1, 2017\n
§ 5. Transfer of powers and duties relating to canals and canal lands\nto the power authority of the state of New York. The powers and duties\nof the thruway authority relating to the New York state canal system as\nset forth in articles one through and including fourteen, except article\nseven, of this chapter, and except properties in use on the effective\ndate of this article in support of highway maintenance, equipment\nmanagement and traffic signal operations of the department of\ntransportation, heretofore transferred by the commissioner of\ntransportation to the thruway authority, are hereby transferred to and\nmerged with the authority, to be exercised by the authority directly or\nthrough the canal corporation on behalf of the people of the state of\nNew York. In addition, the commissioner of transportation and the chair\nof the authority or his or her designee may, in their discretion, enter\ninto an agreement or agreements transferring the powers and duties of\nthe commissioner of transportation relating to any or all of the bridges\nand highways as set forth in article seven of this chapter, to be\nexercised by the authority directly or through the canal corporation on\nbehalf of the people of the state of New York, and, as determined to be\nfeasible and advisable by the authority's trustees, shall enter into an\nagreement or agreements directly or through the canal corporation for\nthe financing, construction, reconstruction or improvement of lift and\nmovable bridges on the canal system. Such powers shall be in addition to\nother powers enumerated in title one of article five of the public\nauthorities law. All of the provisions of title one of article five of\nsuch law which are not inconsistent with this chapter shall apply to the\nactions and duties of the authority pursuant to this chapter. The\nauthority shall be deemed to be the state in exercising the powers and\nduties transferred pursuant to this section but for no other purposes.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.