This course begins with a discussion of the creation of canal lands and the cessions and grants. The various stages of development of New York State Law is covered. For land surveyors, the history of canal maps and other information and where to find them, is illuminated. The course then leads up to the canal statutes as they stand today and the procedures for abandonment of canal lands by the State. The canals section of the course concludes with sources for investigation of canal records that land surveyors may wish to pursue in performing their duties. The latter one-third of the course focuses on the matter of surface waters, beginning with the rules used in New York. Topics include divergence of surface waters and liability therefor. It concludes with a series of case studies extensively illustrating the principles that a land surveyor may need to be aware of.
Objective
- Learn about the history of the development of canals, the statutes that fostered their development, the private landholdings ceded to New York for canal purposes and the requirements for mapping of canals over almost two centuries, so that land surveyors can relate to the underlying issues that may need to be addressed, regardless of whether they have been engaged to assist in a matter before the courts.
- Learn about the specific series of documents including the Canal Board Digests, the Geddes, Holmes Hutchinson, Schillner, Residency and Blue Line maps so that the land surveyor may properly use the information that applies to a particular surveying engagement, including issues related to abandonment of canal lands.
- Understand how Surface Water Rules in New York are constructed and how they are applied so that the land surveyor can understand and relate to landowners some of the legal issues they may face with oncoming surface waters, diverting them and causing them to flow on the lands of others.
