10/31/17 New York Canal Law The Law Office of Laura E. Ayers, Esq. 223 Church Street Fultonville, NY 12072 (518) 922-5086 [email protected] History and Background: Colonial Efforts for Inland Nav in NY • 1724 Cadwalladar Colden, Surveyor General to the Governor of the colony of New York sent to make a report on Western NY • His report vis-a-vis fur trading: • the Mohawk River was superior to the St. Lawrence River for inland navigation even with the short portages necessary to reach Lake Ontario and Lake Erie. • 1768 Gov. Moore of Colonial NY proposed to iMprove inland navigation à political infighting crushed the idea History and Background: Early Efforts for a NY Canal • In 1777 Gouverneur Morris was noted for “talking” about canals being built to iMprove communications and navigation across NYS 1 10/31/17 History and Background: NY Early Efforts • Legislation in 1791 lead to the creation of: • Western Inland Lock Navigation CoMpany • To develop the route up the Mohawk to Lake Ontario and possibly to the Finger Lakes • Northern Inland Lock Navigation CoMpany • To develop a passage froM the Hudson to Lake ChaMplain and VerMont Their purpose was to iMprove the navigability of the rivers and only use locks to by-pass rapids History and Background: Early NY Efforts • Phillip Schuyler was appointed president of both CoMpanies • PerforMed the engineering hiMself b/c civil engineering was a non- existent profession in the US • Navigation on the Mohawk began in Schenectady • WILN Co. built 5 locks around Little Falls (on the north shore) • And built 2 Miles of canal connecting the Mohawk and Wood Creek History and Background: Authorization for the Canal • In March of 1810 Jonas Platt, State Senator and JaMes Eddy of the WILN Co. presented the Legislature with a proposal that Canal CoMMissioners be appointed Jonas Platt 2 10/31/17 History and Background: Authorization for the Canal • The First Canal CoMMission included: • Gouverneur Morris • Stephen Van Rensselaer • JaMes Geddes, LS, • BenjaMin Wright, LS, • Jonas Platt, • ThoMas Eddy • DeWitt Clinton • Went on an Expedition in June of 1810 Stephen Van Rensselaer 1790 -- Columbia University graduate, lawyer 1790-1795 -- Private secretary to his uncle, George Clinton 1797-1798 -- New York AsseMbly 1798-1802 -- New York Senate 1802-1803 -- United States Senate 1803-1815 -- Mayor of New York City: As Mayor, Clinton also held office as state senator (1806-1811) and lieutenant governor (1811- 1813). 1817-1823 -- Governor of New York State 1810-1824 -- New York Canal CoMMissioner 1825-1828 -- Governor of New York State 1812 -- Narrowly lost the race for Governor DeWitt President of the United States to JaMes Madison. Clinton History and Background: Authorization for the Canal • In April of 1811 the CoMMissioners provided their report to the Legislature • Favoring the inland route due to fears that the St. Lawrence seaway and thus the French would benefit from the Canal More than New Yorkers • Also supported an entirely artificial waterway • The Legislature began passing bills relative to the canal • Appropriating $15,000 to finance the Bd of CoMMish. • Adding Robert Fulton & Robert Livingston as CoMMish. 3 10/31/17 History and Background: Authorization for the Canal • War of 1812 highlighted the need for better transportation • 1815 Jonas Platt and ThoMas Eddy with Mayor deWitt Clinton’s help began pushing the canal again • Gained public support • Legislature in Feb of 1816 appropriated $20,000 for surveys even as it delayed construction • Appointed 5 new coMMissioners (Clinton, Van Rensselaer, Ellicot, Holley, Young) • Financing of $6 Million was needed (the actual cost was $7 Million, very close to the estiMate) History and Background: Authorization for the Canal • The Great Western Canal was divided into 3 sections covering 363 miles • Western segMent froM Lake Erie to the Seneca River • Middle segMent froM Seneca River to RoMe • Eastern Section froM RoMe to Albany History and Background: Authorization for the Canal • Chapter 262 of the Laws of 1817 Passed April 15, 1817 • Entitled: “An Act respecting navigable comMunications between the great western and northern lakes, and the Atlantic ocean.” • PreaMble: “WHEREAS navigable coMMunications between lakes Erie and Champlain, and the Atlantic ocean, by Means of canals connected with the Hudson river, will proMote agriculture, Manufactures and commerce, mitigate the calamities of war and enhance the blessing of peace, consolidate the union, and advance the prosperity and elevate the character of the United States.” 4 10/31/17 History and Background: Authorization for the Canal • Construction began on July 4, 1817 in RoMe, NY • JaMes Geddes was appointed surveyor/engineer of the western portion • BenjaMin Wright was appointed to the middle section • Charles Broadhead was appointed to the eastern section BenjaMin Wright History and Background: Summary of the Canal • 363 Miles long, 40 feet wide, 4 feet deep • CoMpleted in 1825 • Wedding of the Waters • Started on the Packet boat Seneca Chief on Oct 26, 1825 in buffalo, NY • Arrived at NYC on Nov. 4 • The Seneca Chief Returned to Buffalo on Nov. 23 History and Background: Summary • within 15 years NY becaMe the biggest port in the Country Moving greater tonnages than boston, baltiMore and New Orleans combined. • Every Major city in the state, except binghaMton and ElMira falls along the trade route of the canal • 80% of the population of upstate NY still lives within 25 Miles of the canal path • The Canal was enlarged several tiMes in 1835, 1895 and 1903 • Between 1905 and 1918 new techniques were used to “canalize” the rivers and lakes that the original man made canal had been built to avoid. àBarge Canal 5 10/31/17 Acquisition Methods Used History and background Voluntary Cessation or Grant • Canal CoMMissioners were • “EMpowered to Make application in behalf of this state….to the proprietors of the land through which such navigation May be carried for cessions or grants to the people of this state, to be received by said coMMissioners in their discretion…” • Chap. 188 Laws of 1811 Section 3 • Chap 231 of the Laws of 1812 Section 2 Voluntary Cessation, Grant or Donation of Land or money • “Said coMMissioners…are hereby authorised (sic) and required to Make application in behalf of this state…to the proprietors of of lands through or near which the said canals or either of theM May or May be proposed to pass, to all bodies politic and corporate, public or private and all citizens or inhabitants of this or any other state of the United States for cessions, grants, donations of land or Money for the purpose of aiding in the construction or coMpletion of both or either of the said canals, according to the several grantors or donors and to take to the people of this state such grants and conveyances as may be proper and coMpetent to vest a good and sufficient title in the said people to the lands so to be ceded or granted aforesaid for the purposes above Mentioned.” • Chapter 237 of the Laws of 1816 Section 4 6 10/31/17 Voluntary Cessation, Grant or Donation of Land Guard Lock for Original Canal • Between 1816 and 1821 at the Schoharie Crossing inclusive, approximately 200 grants of donations of private land (known as “cessions”) were made to the state for canal purposes Voluntary Cessation, Grant or Donation of Land Issues: § Descriptions used in the cessions are often very general without clear indication given as to the actual extent of the grant § Would title revert to the original owner of lands ceded to the State but never used for canal purposes? (water privileges reverted in some instances of canal abandonment) § Voluntary Grants were never recorded in the various County Clerk's offices where the lands so granted were located § Unless an exception or other reference is Made in a subsequent conveyance by the saMe grantor, one will not find record of a grant to the state for canal purposes. (Rexford v. Knight) Chapter 262 of the Laws of 1817 Enabling Legislation for Canal • In Section III the Canal CoMMissioners were authorized to: • “…by theMselves and by any and every superintendent, agent or engineer employed by them, to enter upon, take possession of, and use all and singular any lands, waters and streaMs necessary for the prosecution of the iMproveMents intended by this act…” 7 10/31/17 Chapter 262 of the Laws of 1817 VanAlstein v. Belden, 41 AD 123 (4th Original Canal Lock #20 Dept 1899) • “Their ipse dixit seeMed all that was essential.” • Describing the powers of the Canal CoMMissioners relating to the accession of lands for canal purposes Chapter 262 of the Laws of 1817 • Section III further states: • “…and it shall be the duty of … appraisers … to Make a just and equitable estiMate of the appraisal of the loss and damage, if any, over and above the benefit and advantage to the respective owners and proprietors or parties interested in the preMises, so required for the purposes aforesaid, by and in consequence of Making and constructing any of the works aforesaid… • Often the benefit was deeMed to outweigh the daMages and no compensation was paid Chapter 262 of the Laws of 1817 • Section III further states: • “…and the canal coMMissioners shall pay the daMages to be so assessed and appraised and the fee siMple of the preMises so appropriated shall be vested in the people of this state.” Fort Hunter, NY 8 10/31/17 Chapter 262 of the Laws of 1817 • “…Made no provision as to the manner in which possession should be taken or title acquired.” • VanAlstein v. Belden, 41 Ad 123 (4th Dept. 1899) Chapter 262 of the Laws of 1817 • Rogers v. Bradshaw, 20 Johns, 735(1823) • Interprets Chapter 262 of the Laws of 1817 • Issue: Canal eMployees had cut tiMber and relocated the Waterford and Whitehall turnpike road during iMproveMents to the Northern Canal • The SupreMe Court held that relocating a road was not a canal improveMent therefore the actions of the Canal eMployees were not excused by the act of 1817.