82 - Seizure of obstruction.

§  82.  Seizure of obstruction. The corporation may cause to be seized  and removed any object, article, float or sunken thing found within  the  limits  of  the canal system not under the care or charge of any person.  It shall sell or offer for sale all seized objects, articles, floats  or  sunken  things  either  before  or  after  their  removal,  as  it deems  essential for maintenance of the canal system.  The  sale  shall  be  at  public  auction  after  giving ten days' written notice of such proposed  sale conspicuously posted at two public places in the city or town where  such object, article, float or sunken thing is found unless  before  the  time  of such sale the owner thereof appears and claims same and pays to  the corporation the cost and expense which has been incurred  by  it  in  connection  with  the  seizure,  removal  and  proposed  sale. The owner  thereof shall be liable for  the  cost  and  expense  of  such  seizure,  removal  and  sale  of  the  said object, article, float or sunken thing  which cost and expense may be recovered by the  attorney-general  in  an  appropriate  action  or  proceeding brought in the name of the people of  the state in any court of competent jurisdiction.  The  avails  of  such  sale  shall  be  accounted  for  by the corporation to the department of  taxation and finance which may on the application of the owner and  upon  due proof of ownership pay over such proceeds to him after deducting all  costs,  expenses and reasonable charges of the seizure, removal and sale  thereof. Whenever in the opinion of the corporation  the  navigation  or  operation  of any part of the canal system is interrupted or endangered,  the corporation may cause to be cut up, destroyed or  otherwise  removed  any object, article, float or sunken thing in or partly in the waters of  the   canal   system  which  may,  in  its  judgment,  be  causing  such  interruption or damage. The corporation may enter into an agreement with  the owner or owners of any property so cut up, destroyed,  or  otherwise  removed,  covering  the  amount of damage sustained. Such agreement when  approved by the attorney-general  shall  become  an  obligation  of  the  corporation  and  paid  from  moneys  available  therefor.  In  case  no  agreement is  consummated,  the  amount  of  damages  sustained  may  be  determined as provided in section one hundred twenty of this chapter.