OCR Text |
Show 540 NEW YORK Section 15-1905 provides for the creation of drainage improvement districts. When created, they are public corporations and are de- clared to have perpetual existence, and they are given power to acquire and hold such property as may be necessary to accomplish the purpose of the statute, including the power of eminent domain. The governing body of the district is the department,88 but pro- vision is made for the creation of drainage improvement associa- tions.87 Such associations serve the purpose of representing the in- terests of their members in drainage matters before the department and elsewhere, and to serve as a channel of communication between the members thereof and the department. A petition is filed with the department to initiate the formation of a district under the statute,88 and sections 15-1913 and 15-1915 govern proceedings to process the petition and to form the district. Other sections provide for surveying, mapping, planning and arriv- ing at estimates of cost, apportionment of cost, necessary proceedings and statements with respect to enhancement resulting from the proj- ect, and procedures relating to construction of project works and the execution of contracts.89 Section 15-1983 provides for the draining of any swamp, bog, pond, meadow, or other low or wet agricultural land, upon applica- tion and petition to the department, setting forth certain required facts and data. Key provisions relate to arriving at just compensa- tion to be paid to any persons whose property will be taken as part of the drainage project. (8) River regulation by storage reservoirs {Title 21) This title contains rather detailed provisions relating to the crea- tion and organization of river regulating districts and boards to govern their activities, procedures pursuant to which real estate is to be acquired, and certain controls to govern construction and oper- ation of reservoirs.90 The districts are created pursuant to petition filed with the Department, and the statute says that the purposes of river regulation districts are: to construct, maintain and operate reservoirs within such districts * * * for the purpose of regulating the flow of streams, when required by the public welfare, including public health and safety.91 The statute then goes on to provide that the river regulating dis- tricts so established are to be public corporations with perpetual existence, are to have the power to acquire and hold real estate and such other property as may be necessary to carry out the purposes of the district, and may exercise the right of eminent domain in accordance with the provisions of the statute.92 (9) River improvement {Title 23) Section 15-2301 declares that the purpose of the title is: to provide a method by which a project may be undertaken to improve the chan- nel, construct dikes or regulate the flow of a river for the protection of life, «>ECL sec. 15-1905.1. «ECL sec. 15-1907. «*ECIi sec. 15-1911. 8»ECL sees. 15-1917 through 15-1933. <K>ECL sees. 15-2101 through 15-2141. WECL sec. 15-2103. <*Id. |