§ 40. Acquisition of property. 1. The acquisition of property\nnecessary for purposes of the improvement, use, maintenance, control,\nmanagement or repair of the canal system, shall be pursuant to the\nprovisions of the eminent domain procedure law by the corporation or by\nthe commissioner of transportation at the request of the corporation.\n 2. The commissioner of transportation or the corporation as the case\nmay be, shall cause to be prepared an accurate acquisition map of any\nproperty which he or it may deem necessary for purposes connected with\nthe canal system or of any property in and to which he or it may deem\nthe acquisition or exercise of an easement, interest or right to be\nnecessary for such purposes, indicating and describing in each case the\nparticular easement, interest or right. On the approval of such map by\nthe commissioner of transportation or the corporation as the case may\nbe, he or it shall acquire such property, easements, interests or rights\npursuant to the provisions of the eminent domain procedure law.\n 3. If the corporation shall determine, prior to the filing of such\ncopy of the map in the office of the county clerk or register as\naforesaid, that changes, alterations or modifications of such map as\nfiled in the main office of the corporation should be made, the\ncorporation shall, subject to the provisions of article two of the\neminent domain procedure law, if applicable, direct the preparation of\nan amended map, either by preparing a new map or by making changes on\nthe original tracing of such map, with a notation indicating such\nchanges. On the approval of such amended map by the corporation, it\nshall be filed in the main office of the corporation in the same manner\nas the original map was filed, and the amended map shall thereupon in\nall respects and for all purposes supersede the map previously filed.\n 4. If the corporation shall determine, prior to the filing of such\ncopy of the map in the office of the county clerk or register as\naforesaid, that such map should be withdrawn, the corporation shall file\na certificate of withdrawal in the offices of the corporation and\ndepartment of law. Upon the filing of such certificate of withdrawal,\nthe map to which it refers shall be canceled and all rights thereunder\nshall cease and terminate.\n 5. The commissioner of transportation or the corporation as the case\nmay be, shall deliver to the attorney general a copy of such acquisition\nmap whereupon it shall be the duty of the attorney general to advise and\ncertify to the commissioner of transportation or the corporation the\nnames of the owners of the property, easements, interests or rights\ndescribed in the said acquisition map, including the owners of any\nright, title or interest therein pursuant to the requirements of section\nfour hundred three of the eminent domain procedure law.\n 6. If, at or after the vesting of title to such property in the people\nof the state of New York as provided for in the eminent domain procedure\nlaw, the commissioner of transportation or the corporation as the case\nmay be shall deem it necessary to cause the removal of an owner or other\noccupant from such property it may cause such owner or other occupant to\nbe removed therefrom by proceeding in accordance with section four\nhundred five of the eminent domain procedure law. The proceedings shall\nbe brought in the name of the commissioner of transportation or the\ncorporation as agent of the state. If any person proceeded against shall\ncontest the petition by an answer, the attorney general shall be\nnotified, and he thereafter shall represent the petitioner in the\nproceedings. No execution shall issue for costs, if any awarded against\nthe state, the commissioner of transportation or the corporation, but\nthey shall be part of the costs of the acquisition and be paid in like\nmanner. Proceedings may be brought separately against one or more of the\nowners or other occupants of a
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