New York (State). Office of the Auditor of the Canal Department.
Chapter 207 of the Laws of 1839 authorized and required the canal commissioners to construct and maintain, at public expense and for the public convenience, road and street bridges over the enlarged Erie Canal. The commissioners were also authorized to construct farm bridges over the canal in all places where such bridges were reasonably required to accommodate the landowner(s) and with "due regard to economy, to the state and the convenience of navigation."
When a farm bridge was constructed in lieu of one maintained by the landowner and damages were claimed by the landowner for the appropriation of lands and other injury done in the enlargement, the benefit derived by the landowner (from being relieved of maintenance costs) would be offset against any damages claimed. The commissioners were authorized to deal with owners and claimants of bridges over the canal by paying them a sum in lieu of a bridge as agreed upon between the claimant and the commissioners. When the bridge over the canal was not built and the commutation was not agreed on, the damages sustained by owners deprived of the bridge were appraised by the canal appraisers and paid by the commissioners. In cases where damages were claimed because of deprivation of a bridge previously built or maintained by a claimant, the claimant was bound to contribute proportionally toward the cost of an enlarged bridge, according to the size of the original canal. This sum was taken into consideration by the appraisers and a proper amount on that account was set off against any damages to which the claimant was entitled.
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| Publication Date | Publishing Account | Status | Note | View |
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2021-11-04 01:11:15 am |
Joseph Glass |
published |
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2021-11-04 01:11:13 am |
Joseph Glass |
merge split |
Merged Constellation |
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