N.Y. Environmental Conservation Law Section 15-1909
Entry upon lands, structures and waters

  • condemnation

1.

For carrying out the surveys and examinations required by title 19 of this article, the department may enter upon any lands, structures and waters as in its judgment may be necessary, as provided by section 15-0305.

2.

The department, its members, officers, employees and agents may enter upon any lands, structures and waters necessary for the purposes of title 19 of this article and may determine what rights in and to such property are to be acquired therein. If the owner of any property to be acquired, or on or over which an easement is needed for such improvement shall agree with the department upon the sum to be paid therefor, or for the right to use and occupy the same, or for any damages sustained, such sum shall be paid as part of the necessary expense of the project.

3.

If the department cannot agree with the owners upon the compensation and damages to be paid for the property or easement to be acquired, the department shall proceed to take the title thereto or the required rights therein under the provisions of the eminent domain procedure law.

4.

Whenever a construction project affects a ditch or channel which has been constructed and in use for twenty years and upwards such use and operation shall be conclusive evidence that a right of way therefor and all rights in the premises through which it passes, which are necessary and incident to the perpetual maintenance thereof, were duly obtained when such ditch or channel was constructed. All real property acquired by a drainage improvement district shall be exempt from taxation.

Source: Section 15-1909 — Entry upon lands, structures and waters; condemnation, https://www.­nysenate.­gov/legislation/laws/ENV/15-1909 (updated Sep. 22, 2014; accessed Oct. 26, 2024).

15‑1901
Purpose 15‑1903
General provisions and definitions 15‑1905
Drainage improvement districts 15‑1907
Drainage improvement associations 15‑1909
Entry upon lands, structures and waters 15‑1911
Petition for formation of district 15‑1913
Proceedings on petition 15‑1915
Proceedings for formation of district 15‑1917
Surveys and maps 15‑1919
Drainage enhancements 15‑1921
Proceedings on enhancements 15‑1923
Plans and estimates 15‑1925
General apportionment of cost 15‑1927
Proceedings on general apportionment of costs and final fixation of boundaries 15‑1929
Corrections and revisions of statements of enhancements 15‑1931
Procedure for authorization of construction 15‑1933
Construction 15‑1935
Contracts 15‑1937
Operation and maintenance 15‑1939
Special apportionment of cost 15‑1941
Major repairs of drainage works 15‑1943
Minor repairs in drainage districts 15‑1945
Minor repairs in existing drainage ditches 15‑1947
Unlawful interference with drainage works 15‑1949
Removal of beaver 15‑1951
Financing of improvements 15‑1953
Drainage improvement district fund 15‑1955
Proceedings for assessment and collection of cost 15‑1957
Drainage fund 15‑1959
Corrections and revisions of assessments, determinations of drainage enhancements and apportionment of costs 15‑1961
Drainage district with federal aid 15‑1963
Formation of district with federal aid 15‑1965
Construction project 15‑1967
Changes in project 15‑1969
Continuation of district 15‑1971
Transfer of property and discontinuance of district 15‑1973
Drainage section association 15‑1975
Drainage section association 15‑1977
Articles of association 15‑1979
First annual meeting 15‑1981
Powers of association 15‑1983
Drainage of agricultural lands
Green check means up to date. Up to date

Accessed:
Oct. 26, 2024

Last modified:
Sep. 22, 2014

§ 15-1909’s source at nysenate​.gov

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