reglab/statecodes huggingface dataset:
2023 New York Laws › TCP - Transportation Corporations › Article 7 - Pipe Line Corporations. › 89 - Over State Lands.

§  89.  Over  state  lands. The commissioner of general services shall
  have power to grant to any pipe line corporation any lands belonging  to
  the  people  of this state which may be required for the purposes of its
  incorporation on such terms as may be agreed, or  such  corporation  may
  acquire  title  thereto  by condemnation, except that no corporation may
  condemn any lands for the purposes of the construction of  any  line  of
  pipe   that   supports  facilities  or  infrastructure  associated  with
  exploration, development, or production of oil or  natural  gas  in  the
  north  Atlantic  planning  area, and further excepting that no pipe line
  corporation may condemn  any  canal  lands  abandoned  pursuant  to  the
  provisions of article four of the public lands law until after they have
  been  sold  and conveyed in the manner provided by the public lands law.
  If any lands owned by any county, city  or  town  be  required  by  such
  corporation  for such purposes, the county, city or town officers having
  charge of such lands may grant them to the corporation  upon  terms  and
  compensation agreed upon.
2023 New York Laws › TCP - Transportation Corporations › Article 7 - Pipe Line Corporations. › 90 - Use of Line to Be Public; Storage; Liable as Common Carrier; Rates and Charges.

§  90.  Use  of  line to be public; storage; liable as common carrier;
  rates and charges. Every such corporation shall be a common carrier  and
  its  pipe lines subject to public use. All persons desiring to transport
  products shall have the right on equal terms to  transportation  in  the
  order  of  application, on complying with the reasonable regulations and
  charges of such corporation. No application for transportation shall  be
  valid  beyond the quantity of products that the applicant shall then own
  and have ready  for  delivery.  Every  such  corporation  shall  provide
  suitable  and necessary receptacles for receiving all such products, and
  for storage at the place of delivery, until the same can  reasonably  be
  moved  by the consignee. The time for delivery to the consignee shall be
  fixed by general regulation of the corporation, and shall  be  not  less
  than  two  days after the same shall be ready for delivery and notice to
  such consignee. All  rates  and  charges,  for  or  connected  with  the
  transportation  of  any  products, shall be uniform and be fixed by such
  corporation by general regulations, which shall be  written  or  printed
  and posted and at all times open to public examination.
2023 New York Laws › TCP - Transportation Corporations › Article 7 - Pipe Line Corporations. › 91 - Receipts for Property; Cancellation of Vouchers; Delivery of Property.

§  91.  Receipts  for  property; cancellation of vouchers; delivery of
  property. No receipt, certificate or order of any kind shall be  issued,
  made  or  accepted  by any such corporation for any commodity unless the
  commodity  represented  thereby  is  actually  in  possession   of   the
  corporation.   No   commodity   received   for  transportation  by  such
  corporation shall be delivered to any person  without  the  presentation
  and surrender of all receipts, certificates or orders issued or accepted
  for  the  same. Whenever any such corporation shall have parted with the
  possession  of  any  commodity  and  received  therefor   any   receipt,
  certificate  or  order, such receipt, certificate or order, shall not be
  used again, but shall be  mutilated  and  canceled,  and  such  canceled
  receipt, certificate or order shall be preserved by such corporation and
  a record of the same kept by the secretary.
2023 New York Laws › TCP - Transportation Corporations › Article 7 - Pipe Line Corporations. › 92 - Semi-Annual Statements.

§  92.  Semi-annual  statements.  Every  such corporation shall make a
  semi-annual statement showing the quantity of all commodities on hand on
  the first day of the  period  for  which  the  statement  is  made;  the
  quantity  received and delivered during such period, and the quantity on
  hand on the last day of such period, and  the  quantity  represented  by
  outstanding certificates, receipts or orders, and the credit balances on
  the  books of the corporation. Such statement shall be made on or before
  the tenth day of the month succeeding the period for which the statement
  is made and verified by the oaths of the president  and  secretary,  and
  shall  be filed within three days thereafter in the office of the county
  clerk in the county in which the office of the corporation  is  located,
  and  a  true  copy thereof shall be posted in a conspicuous place in its
  office for at least thirty days thereafter.
2023 New York Laws › TCP - Transportation Corporations › Article 7 - Pipe Line Corporations. › 93 - Fences; Farm Crossings and Use of Line Not Inclosed.

§  93.  Fences;  farm crossings and use of line not inclosed. It shall
  not be necessary for any such corporation to fence  the  lands  acquired
  for its corporate purposes. But, if not inclosed by a substantial fence,
  the owner of the adjoining lands from whom such lands were obtained, his
  heirs  or  assigns,  may  occupy  and  use  such lands in any manner not
  injurious to the interests of the corporation and shall  not  be  liable
  therefor,  or for any trespass upon any such lands, except for wilful or
  negligent injury to the pipes, fixtures, machinery or personal  property
  of the corporation. If the corporation shall keep such lands inclosed it
  shall  construct  and  provide all suitable and necessary crossings with
  gates for the use and convenience of any owners of lands  adjoining  the
  portion  of  its  lands  so  inclosed,  and no claim shall be made by it
  against any owner of adjoining lands to make or contribute to the making
  or maintaining of any division fence between such  adjoining  lands  and
  its  lands.  If it shall neglect to keep and maintain substantial fences
  along its lands the owners of adjoining lands may construct and maintain
  all farm or division fences, and all line fences crossed  by  such  pipe
  line,  in  the  same manner as though it had not acquired such lands for
  such pipe line, and it shall be liable for all injuries to  such  fences
  caused  or  done by any of its officers or agents, or any persons acting
  in their or its behalf, or by any laborer in its or their employ  or  in
  the employ of any of its contractors.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 100 - Definition.

§  100.  Definition.  A  freight terminal corporation is a corporation
  organized to supply, maintain and operate freight terminal  facilities--
  including  docks, wharves, bulkheads, basins, tugs, floats, lighters and
  other shipping, and wharfage and lighterage for the  receipt,  delivery,
  storage  or  handling  of  freight; terminal warehousing, terminal ways,
  terminal stations  and  stores;  and  terminal  factory  and  show  room
  facilities, including power, heat, light and machinery.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 101 - Limitation of Powers.

§  101.  Limitation  of  powers.  Nothing  in this article shall be so
  construed as to permit any such corporation to engage in manufacture  or
  production,  except for its own use, of power, heat, light, supplies and
  equipment or  to  carry  on  the  business  of  generating,  selling  or
  distributing  electricity for light, heat or power, nor shall the right,
  operation and use of such privileges be extended beyond the  streets  or
  marginal  streets bounding or occupied by the property owned or operated
  by such corporation. No railroad  corporation,  and  no  corporation  or
  joint-stock  association  engaged  in  carrying  on an express business,
  shall either directly or indirectly, or through the medium of a  holding
  company  or  otherwise,  purchase,  acquire  or hold, any stock, bond or
  evidence of indebtedness issued by any such corporation.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 102 - Rates; Discrimination; Liability.

§  102.  Rates;  discrimination;  liability.  Except  as  to  terminal
  warehouses, show rooms and factories, such  a  corporation  shall  be  a
  common   carrier.   Subject   to   regulation  by  the  commissioner  of
  transportation, such a corporation may make regulations  and  fix  rates
  for each class of its business. Such corporation shall impartially serve
  all   requiring  its  service  within  the  locality  described  in  its
  certificate of incorporation up to the maximum capacity of its plant and
  equipment. No receipt, certificate or order shall  be  made,  issued  or
  accepted  by  any such corporation for any commodity not actually in its
  possession.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 103 - Supervision.

§  103.  Supervision.  Every  such  corporation  shall  be  subject to
  supervision,   control   and   regulation   by   the   commissioner   of
  transportation  to  the same extent as railroads and street railroads so
  far as the provisions of the transportation law are applicable.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 104 - Corporate Acts Subject to Approval of Commissioner of Transportation.

§   104.  Corporate  acts  subject  to  approval  of  commissioner  of
  transportation. It shall be necessary for such a corporation  to  secure
  the approval of the commissioner of transportation as a condition to the
  following  corporate acts: The issuance of stock; the issuance of bonds,
  notes or other evidences  of  indebtedness,  payable  more  than  twelve
  months   after  the  date  of  issuance;  the  mortgaging  of  property,
  privileges or franchises to secure  its  obligations;  the  increase  or
  decrease  of  its  capital or capital stock; the change of number of its
  shares; the purchase or acquisition of stocks, bonds or other  evidences
  of indebtedness of any other corporation, domestic or foreign.
Such  order  of  approval  shall  state  that  in  the  opinion of the
  commissioner the use of the capital to be obtained by the issue of  such
  stock, bonds, notes, or evidences of indebtedness is reasonably required
  for  the  purposes  of  the corporation, and shall specify the amount of
  each issue thereof to which his approval is given.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 105 - Merger or Consolidation of Freight Terminal Corporations and Other Corporations Formed for the Purpose of Engaging in Business in Which a Freight Term

§  105.  Merger  or consolidation of freight terminal corporations and
  other corporations formed for the purpose of engaging in    business  in
  which  a  freight  terminal  corporation  may  engage.  Any  two or more
  domestic freight terminal corporations may  merge  or  consolidate  with
  each  other,  and any such corporation may merge or consolidate with any
  other domestic corporation formed for the purpose  of  engaging  in  any
  business in which a domestic freight terminal corporation may engage, in
  accordance  with  the procedure and with the effect set forth in article
  nine of the business corporation law.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 106 - Condemnation; Approval of Commissioner of Transportation.

§  106.  Condemnation;  approval  of  commissioner  of transportation.
  Every such freight terminal corporation shall have power to  acquire  by
  condemnation  such  real  property,  except  that  of  a  public service
  corporation, including the right of way through any property, as may  be
  necessary  for  its  corporate  purposes.  Such  acquisition  is  hereby
  declared to be for a public use. No real property shall be condemned  by
  any  such  corporation  unless  the commissioner of transportation shall
  first approve of such condemnation and  issue  a  certificate  that  the
  property to be condemned is required for freight terminal accommodations
  needed by the public.
Property  devoted  to  public  use  for streets, ferries, terminals or
  otherwise, whether operated by the public authorities or not, shall  not
  be  condemned  except by permission of and subject to such conditions as
  may be imposed by the local authority in control thereof, in addition to
  the approval of the commissioner of transportation.
Nothing herein shall prevent  the  condemnation  by  the  state  or  a
  municipal corporation of the property of a freight terminal corporation,
  whether  or  not  such freight terminal corporation itself has therefore
  acquired such property by condemnation.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 107 - Use of Streets; Municipal Consent.

§  107. Use of streets; municipal consent. Every such freight terminal
  corporation may acquire,  use  and  enjoy  the  privilege  to  cross  or
  otherwise  use  the  streets  adjacent  to  any terminal way or terminal
  station with the consent and on such terms as  may  be  imposed  by  the
  local  authority  in control thereof, and subject to the approval of the
  commissioner  of  transportation.  If  such  approval  be  granted,  the
  commissioner  of  transportation shall issue a certificate (1) that such
  privilege is needed for public  use;  (2)  that  the  exercise  of  such
  privilege  will  leave  the  street  in  the main available for ordinary
  street uses; and (3) that the exercise of such  privilege  will  enhance
  and  improve  the  service  afforded  by such street to the public. Such
  privilege shall be revocable by the city on such notice,  not  exceeding
  one  year, as may be specified therein; but such revocation shall not be
  effective unless the commissioner of transportation approve of the  same
  and  certify  that  such privilege is no longer needed for public use or
  that the exercise of such privilege has failed to enhance or improve the
  service afforded by such street to the public.
2023 New York Laws › TCP - Transportation Corporations › Article 8 - Freight Terminal Corporations. › 109 - Inconsistent Acts.

§ 109. Inconsistent acts. The provisions of any act and parts of acts,
  including  the  charter of Greater New York and the charter of any other
  city of the state, which are inconsistent with this article, and insofar
  only  as  they  are  inconsistent  with  this  article,  shall  have  no
  application  to  the rights, powers and obligations conferred or created
  by and under authority of this article or to any proceedings thereunder.
Nothing in this article shall be construed to prevent the organization
  of a corporation under the provisions of article four  of  the  business
  corporation  law  for  the  purpose  of owning, controlling or operating
  warehouses, docks, wharves or water craft, but no corporation formed for
  any such purpose under the provisions of the  business  corporation  law
  shall have the right or power to acquire real property by condemnation.
2023 New York Laws › TCP - Transportation Corporations › Article 9 - District Steam Corporations. › 111 - Municipal Consent to Use Streets.

§  111. Municipal consent to use streets. A district steam corporation
  shall have power to lay and maintain  suitable  pipes  and  conduits  or
  other  fixtures in and under the streets, parks and public places of the
  cities, villages or towns mentioned in its certificate of  incorporation
  upon  obtaining the written consent of the local authorities thereof and
  upon such reasonable regulations  as  they  may  prescribe.  Such  local
  authorities  shall be: in a city, a majority of the members of the local
  legislative body; in a village, a majority of the members of  the  board
  of trustees; in a town, outside of a village, the town superintendent of
  highways and a majority of the members of the town board.
2023 New York Laws › TCP - Transportation Corporations › Article 9 - District Steam Corporations. › 112 - Service to Be Furnished Upon Application.

§  112.  Service  to  be  furnished upon application. A district steam
  corporation, upon the application in writing of the owner or occupant of
  any building or premises, within one hundred feet  of  any  street  main
  laid  down  by any such corporation, and payment by him of all money due
  from him to it such corporation shall supply steam as  may  be  required
  for heating such building or premises, notwithstanding there may be rent
  or  compensation  in  arrears  for steam supplied, or for meter, pipe or
  fittings furnished to a former occupant thereof, unless  such  owner  or
  occupant shall have undertaken or agreed with the former occupant to pay
  or  to  exonerate him from the payment of such arrears, and shall refuse
  or neglect to pay the same. If, for the space of twenty days after  such
  application,  and the deposit, if required, of a reasonable sum to cover
  the cost of connection and two months'  steam  supply,  the  corporation
  shall refuse or neglect to supply steam as required, it shall forfeit to
  such  applicant  the  sum  of  ten  dollars  and the further sum of five
  dollars for every day thereafter during which such  refusal  or  neglect
  shall  continue.  No such corporation shall be required to lay a service
  pipe for the purpose of supplying steam to any applicant when the ground
  in which such pipe is required  to  be  laid  is  frozen,  or  otherwise
  presents serious obstacles to laying the same, nor unless the applicant,
  if  required,  shall  deposit  in  advance with the corporation a sum of
  money sufficient to pay for two months' steam supply and the cost of the
  necessary connections and of the erection of  a  meter  and  such  other
  special  apparatus as are required for use in connection with such steam
  supply, and provide the  space  and  right  of  way  necessary  for  the
  erection,  maintenance  and  use  of such connections and apparatus, and
  signify his assent in writing  to  the  reasonable  regulations  of  the
  corporation  with reference to the supply of steam to consumers. For the
  purposes of this section, a district steam corporation shall not include
  a non-profit cooperative corporation  organized  under  the  cooperative
  corporations  law to make or produce and distribute steam solely for the
  use of its members.
2023 New York Laws › TCP - Transportation Corporations › Article 9 - District Steam Corporations. › 113 - Examination of Meters by Agent.

§  113.  Examination of meters by agent. Any such corporation may make
  an agreement with any of its customers, by which any of its officers  or
  agents  shall  be  authorized  at  all  reasonable  times  to  enter any
  dwelling, store, building, room or place, supplied with  steam  by  such
  corporation and occupied by such customer, for the purpose of inspecting
  and  examining  the  meters, devices, pipes, fittings and appliances for
  supplying or regulating the supply of steam, and  for  ascertaining  the
  quantity  of steam consumed, or the quantity of water resulting from the
  condensation of steam  consumed.  Every  such  agreement  shall  further
  provide  that  such officer or agent shall exhibit his written authority
  if requested by the occupant of such dwelling, store, building, room  or
  place.  Any  person  who  shall directly or indirectly prevent or hinder
  such officer or agent from entering such dwelling, store, building, room
  or place, or from making such inspection or examination, in violation of
  such agreement, shall forfeit to the corporation the sum of  twenty-five
  dollars for each offense.
2023 New York Laws › TCP - Transportation Corporations › Article 9 - District Steam Corporations. › 114 - Entry by Agent to Cut Off Steam.

§  114. Entry by agent to cut off steam. If any person, corporation or
  association supplied with steam by any such corporation,  shall  neglect
  or  refuse  to  pay  the rent or remuneration for such steam, or for the
  meter,  device,  pipes,  fittings  or  appliances,  furnished  by   such
  corporation  it  may  thereupon  prevent  the  steam  from  entering the
  premises of such person,  persons,  corporation  or  association.  If  a
  person  is  liable  to  a  forfeiture, or to fine or imprisonment, for a
  wrong or offense committed  against  the  corporation,  its  agents,  or
  property  for  which such forfeiture, fine or penalty is imposed by law,
  such corporation may also prevent the steam from entering  the  premises
  of the person so liable, or if such person be an officer or agent of any
  corporation or association, prevent the steam from entering the premises
  of  such  corporation  or  association.  In  all  cases  in  which  such
  corporation is  authorized  to  prevent  the  steam  from  entering  any
  premises,  it  may, by its officers, agents or workmen, enter into or on
  such premises between the hours of eight o'clock in the forenoon and six
  o'clock in the afternoon and cut off,  disconnect,  separate  and  carry
  away  any  meter,  device,  pipe,  fitting  or  other  property  of  the
  corporation; and may cut off, disconnect and separate any meter, device,
  pipe or fitting, whether the property of the corporation  or  not,  from
  the mains or pipes of such corporation.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 115 - Definitions.

§ 115. Definitions. As used in this article, the term:
1.  "Sewage-works  corporation"  means  a  corporation  heretofore  or
  hereafter organized to provide a sewer system as hereinafter defined for
  the disposal of sewage, through an established  system  of  pipe  lines,
  treatment  plants  and  other  means  of  disposal,  and  which  erects,
  operates,  maintains  and  performs  other  necessary  acts   incidental
  thereto,  disposal  systems  for  sewer  areas  formed  within  towns or
  villages and other municipal areas of the state.
2. "Sewer system" means all sewer pipes and other appurtenances  which
  are  used  or  useful  in  whole  or  in  part  in  connection  with the
  collection, treatment or disposal of sewage, and other waste,  including
  sewage  pumping  stations  and  sewage treatment and disposal plants and
  sites.
3. "Local governing body" means the legislative body of a  city,  town
  or  village authorized by law to establish a sewer district or otherwise
  to provide sewage-works facilities in such city, town or village wherein
  is located the area to be served by the sewage-works corporation.
4. "Sewer district" means a county sewer district established pursuant
  to article five-A of the county law or a town sewer district established
  pursuant to article twelve or article twelve-A of the town law.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 116 - Consent to Incorporation.

§ 116. Consent to incorporation. 1. No certificate of incorporation of
  a  sewage-works  corporation  shall  be  filed  unless  there be annexed
  thereto a certificate or certificates duly executed  in  behalf  of  the
  local governing bodies of the city, town or village, as the case may be,
  in  which  any  part  of  a sewer system provided by such corporation is
  situate and, in the county of Suffolk, an  additional  certificate  duly
  executed  in  behalf  of  the  county  sewer  agency,  consenting to the
  formation of the corporation for the area described in such certificate.
2. Upon receipt of a request for consent to incorporation,  the  local
  governing  body  shall  grant  or  deny  such  request within sixty days
  thereafter or within sixty days after notice to it of  the  approval  of
  maps and specifications of the proposed system filed with the department
  of  health having jurisdiction pursuant to section one hundred seventeen
  of this article, whichever is later.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 117 - Approval by Department of Health.

§  117. Approval by department of health. A local governing body shall
  not consent to the establishment of a sewage-works  corporation  in  any
  municipality  unless  there  shall first be filed with the department of
  health, or city, county, or  part-county  department  of  health  having
  jurisdiction,  maps  and  specifications of the proposed system and such
  department shall have given its approval thereof.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 118 - Inspection; Cost Certification.

§  118.  Inspection;  cost certification. 1. The local governing body,
except in the county of Suffolk, the county sewer agency  shall  utilize
any licensed professional engineer in its own personnel staff, or retain
a  licensed  professional  engineer  or  engineering  firm  to cause the
following to be undertaken and completed:
(a) Initial examinations of the plans and specifications and a  report
to  the  local  governing  body and in Suffolk county also to the county
sewer  agency  on  the  feasibility  and  adequacy   thereof   including
recommended modification and changes, if any;
(b)   Inspections   at  reasonable  intervals  during  and  after  the
construction of the sewage-works systems  and  a  report  to  the  local
governing  body and in Suffolk county also to the county sewer agency on
the progress thereof;
(c) A report to the local governing body and in Suffolk county also to
the county sewer agency on the cost of construction of the  sewage-works
system and appurtenances thereto and acquisition of all lands and rights
in  land therefor, which, in turn, shall apprise the corporation of such
cost report.  As  a  part  of  his  report,  the  licensed  engineer  or
engineering  firm  shall  have  the  right  and  duty to examine or have
examined the books and records, including all underlying  documentation,
of  the  corporation as well as all reports submitted by the corporation
to governmental agencies or authorities  to  ascertain  and  verify  the
costs  of  construction  and  acquisition.  The  services  of a licensed
certified  public  accountant  or  licensed  public  accountant  may  be
utilized, where in the judgment of the engineer, they may be required to
properly  ascertain  and verify the fiscal information to be included in
the engineer's report.
(d) A report to the local governing body and in Suffolk county also to
the  county  sewer  agency  that  construction  has  been  completed  in
accordance  with the plans and specifications filed with and approved by
the department of health having jurisdiction.
2. The cost of any such  retained  licensed  professional  engineering
services shall be reimbursed to the local governing body or sewer agency
by  the  corporation,  in  accordance  with  an agreement which shall be
entered into between such local governing body or sewer agency and  such
corporation  stating the cost of such services and the terms for payment
thereof.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 120 - Option.

§  120.  Option.  (a)  The  local  governing  body may, at the time of
granting the consent to incorporation, require an option to purchase the
system from the corporation or at any  time  shall  have  the  right  to
purchase  or  acquire  it  by condemnation. The local governing body may
exercise this option by serving written notice on the  corporation,  not
less  than  ninety nor more than one hundred eighty days before the date
of the taking.
(b) In Suffolk county and Saratoga county,  the  county  sewer  agency
having  the  prior  consent  of  the local governing body and the county
legislature or a county district shall have an option  to  purchase  the
sewer system from the corporation by paying the cost thereof and for all
additions  and  improvements as certified by the engineer as of the date
of completion thereof pursuant to section  one  hundred  eighteen,  less
depreciation  on  a  schedule  initially  agreed  upon but not to exceed
thirty years, together with the cost of the land and other costs thereof
as of the date of completion. The said county agency or county  district
may exercise its option by serving written notice on the corporation not
less  than  ninety nor more than one hundred eighty days before the date
of taking. The county agency or county district may, instead  of  making
any  cash  payment  agreed  or required to be made to the corporation as
compensation for such sewer system and land, elect to agree to  pay  the
principal  of  and interest on outstanding bonds and mortgages issued by
or on  behalf  of  such  corporation,  having  a  principal  amount  not
exceeding  the  amount  of  such  cash  payment,  as  such principal and
interest shall become due and payable. In the event  the  county  agency
does  undertake  to purchase, maintain and operate such sewer system, it
shall do so at the rates established from time to  time  and  agreed  to
between  the county agency and the local governing body, with the costs,
including delinquent accounts, assessed against  the  users  until  such
time  as  the  sewer  system is included in a sewer district which shall
maintain and operate the sewer  system.  Notwithstanding  the  foregoing
provisions,  in Suffolk county and Saratoga county a county district may
elect to acquire the sewer system, including any and all plant sites and
other real property pursuant to the provisions  of  the  eminent  domain
procedure law and in such event the provisions of such law shall apply.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 121 - Duty to Supply Sewage-Works Facilities.

§   121.  Duty  to  supply  sewage-works  facilities.  A  sewage-works
  corporation shall supply each city, town,  village  or  other  municipal
  area  or district wherein such corporation operates, and the inhabitants
  therein, with facilities or make provision for the collection, treatment
  and disposal of sewage at fair, reasonable and adequate rates agreed  to
  between  the corporation and the local governing body or bodies, and, in
  addition,  in  the  county  of  Suffolk,  the   county   sewer   agency,
  notwithstanding  the  provisions  of  any general, special or local law.
  Rates shall be reviewable at intervals of not more than five years or at
  any time by petition of the corporation or motion by the local governing
  body on written notice after a period of ninety days. The petition of  a
  corporation shall be determined within ninety days of its filing, and in
  the  event  a  determination is not rendered within such period of time,
  the petition shall be deemed approved. The local  governing  body  of  a
  city or village, or of a county or town on behalf of a sewer district or
  for  a special sewer improvement shall have the power to contract with a
  sewage-works  corporation  for  collection,  treatment  or  disposal  of
  sewage.  No  contract  for  such services shall be executed for a period
  greater than ten years.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 122 - Powers.

§ 122. Powers. Every sewage-works corporation shall have the power:
1. To lay, maintain, repair and operate its pipes, conduits and sewers
  in  any  street,  highway  or public place of any city, town, village or
  other municipal area, in which it has obtained the consent  required  by
  section  one  hundred sixteen for the disposal, treatment and removal of
  sewage, and to operate and  maintain  and  keep  in  repair  its  sewage
  disposal  plants,  and  prescribe  the manner in which sewer connections
  shall be made. No pipes, sewers or conduits shall be  laid  or  repaired
  under  any  highway, road, street or avenue by such corporation, without
  the consent of the local governing body or its  official  in  charge  of
  highways  or streets or if such highway be a state highway, or a highway
  constructed pursuant to section one hundred ninety-four or  one  hundred
  ninety-five  or article six of the highway law, the consent of the state
  commissioner of transportation nor in any street, highway, road,  avenue
  or  public  place in Suffolk county without the prior written consent of
  the county sewer  agency  or  the  county  department  of  environmental
  control.
2.  To  cause  examinations  and surveys to be made for the purpose of
  determining the proper location of its disposal system,  and,  for  such
  purpose  by its officers, agents or servants, to enter upon any lands or
  waters, subject to liability for all damages done.
3.  To  enter  into  appropriate  agreements  with  the  secretary  of
  agriculture  of  the  United States department of agriculture to operate
  without profit for  the  term  specified  therein  for  the  purpose  of
  qualifying  to  receive  federal assistance pursuant to the consolidated
  farmers home administration act of nineteen hundred  sixty-one  and  any
  federal laws amendatory and supplementary thereto. Any such agreement to
  operate without profit shall be subject to the approval of a majority of
  the  stockholders  entitled  to  vote  thereat at any regular or special
  stockholders' meeting. Any stockholder so entitled to vote who does  not
  vote  for  or  consent  in  writing to the taking of this action, shall,
  subject to and by complying with the provisions of section  six  hundred
  twenty-three  of the business corporation law, have the right to receive
  payment of the fair value of his stock and the other rights and benefits
  provided by such section.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 123 - Survey and Map.

§  123.  Survey  and  map.  Before  taking  or using any land, for its
  corporate purposes such corporation shall cause a survey and map  to  be
  made  of  the  lands  intended  to  be taken designating the land of the
  several owners or occupants thereof, which map shall be  signed  by  the
  president and the secretary, and filed in the office of the clerk of the
  county in which such lands are situated.
2023 New York Laws › TCP - Transportation Corporations › Article 10 - Sewage-Works Corporations. › 124 - Condemnation of Real Property.

§  124. Condemnation of real property. Any such corporation shall have
  the right to acquire real estate, or any interest therein, necessary for
  the purposes of its incorporation, and the  right  to  lay,  repair  and
  maintain  conduits  and  sewer  pipes with connections and fixtures, and
  other necessary portions of the system, in, through or over the lands of
  others.  If any such corporation, authorized by this  article  shall  be
  unable  to  agree  upon  the  terms  of purchase of any such property or
  rights, it may acquire the same  by  condemnation.  Notwithstanding  the
  foregoing,  in  Suffolk county such corporation shall not have the right
  to condemn or use the land of others without first obtaining  the  prior
  written  consent  of  the  county  sewer  agency  and  the department of
  environmental control.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 1 - General Provisions › 1-103 - Construction of Uniform Commercial Code to Promote Its Purposes and Policies; Applicability of Supplemental Principles of Law.

Section 1--103. Construction  of  Uniform Commercial Code to Promote its
Purposes and Policies; Applicability  of  Supplemental
Principles of Law.
(a)  This  act  must be liberally construed and applied to promote its
underlying purposes and policies, which are:
(1) to simplify, clarify, and modernize the law  governing  commercial
transactions;
(2)  to permit the continued expansion of commercial practices through
custom, usage, and agreement of the parties; and
(3) to make uniform the law among the various jurisdictions.
(b) Unless displaced by the particular provisions  of  this  act,  the
principles  of  law  and  equity, including the law merchant and the law
relative to capacity to contract, principal and agent, estoppel,  fraud,
misrepresentation,  duress,  coercion,  mistake,  bankruptcy,  and other
validating or invalidating cause supplement its provisions.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 1 - General Provisions › 1-104 - Construction Against Implied Repeal.

Section 1--104. Construction Against Implied Repeal.
This  act  being  a  general act intended as a unified coverage of its
  subject matter, no part of it shall be deemed to be  impliedly  repealed
  by  subsequent  legislation  if  such  construction  can  reasonably  be
  avoided.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 1 - General Provisions › 1-105 - Severability.

Section 1--105. Severability.
If  any  provision  or  clause  of  this act or its application to any
  person or circumstance is held invalid, the invalidity does  not  affect
  other  provisions  or applications of this act which can be given effect
  without the invalid provision  or  application,  and  to  this  end  the
  provisions of this act are severable.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 1 - General Provisions › 1-106 - Use of Singular and Plural; Gender.

Section 1--106. Use of Singular and Plural; Gender.
In this act, unless the statutory context otherwise requires:
(1)  words in the singular number include the plural, and those in the
plural include the singular; and
(2) words of any gender also refer to any other gender.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 1 - General Provisions › 1-108 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 1--108. Relation to Electronic Signatures in Global and National
Commerce Act.
This  article  modifies, limits, and supersedes the federal Electronic
  Signatures in Global and National Commerce Act, 15 U.S.C.  Section  7001
  et  seq.,  except  that  nothing  in  this  article modifies, limits, or
  supersedes Section 7001(c) of that act or authorizes electronic delivery
  of any of the notices described in Section 7003(b) of that act.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 2 - General Definitions and Principles of Interpretation › 1-202 - Notice; Knowledge.

Section 1--202. Notice; Knowledge.
(a)  Subject to subsection (f), a person has "notice" of a fact if the
person:
(1) has actual knowledge of it;
(2) has received a notice or notification of it; or
(3) from all the facts and circumstances known to the  person  at  the
time in question, has reason to know that it exists.
(b)  "Knowledge"  means  actual knowledge. "Knows" has a corresponding
meaning.
(c) "Discover", "learn", or words of similar import refer to knowledge
rather than to reason to know.
(d) A person "notifies" or "gives" a notice or notification to another
person by taking such steps as may be reasonably required to inform  the
other  person  in  ordinary  course,  whether  or  not  the other person
actually comes to know of it.
(e) Subject to  subsection  (f),  a  person  "receives"  a  notice  or
notification when:
(1) it comes to that person's attention; or
(2)  it is duly delivered in a form reasonable under the circumstances
at the place of business through which  the  contract  was  made  or  at
another  location  held  out  by that person as the place for receipt of
such communications.
(f) Notice, knowledge, or a notice  or  notification  received  by  an
organization  is effective for a particular transaction from the time it
is  brought  to  the  attention  of  the  individual   conducting   that
transaction  and, in any event, from the time it would have been brought
to the individual's attention if  the  organization  had  exercised  due
diligence.  An  organization  exercises  due  diligence  if it maintains
reasonable routines for communicating  significant  information  to  the
person  conducting  the  transaction  and there is reasonable compliance
with the routines. Due diligence does not require an  individual  acting
for the organization to communicate information unless the communication
is  part of the individual's regular duties or the individual has reason
to know of the transaction and that the transaction would be  materially
affected by the information.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 2 - General Definitions and Principles of Interpretation › 1-204 - Value.

Section 1--204. Value.
Except  as  otherwise provided in articles 3, 4, and 5, a person gives
value for rights if the person acquires them:
(a) in return for a binding commitment to extend  credit  or  for  the
extension of immediately available credit, whether or not drawn upon and
whether   or  not  a  charge-back  is  provided  for  in  the  event  of
difficulties in collection;
(b) as security for,  or  in  total  or  partial  satisfaction  of,  a
preexisting claim;
(c)  by  accepting delivery under a preexisting contract for purchase;
or
(d) in return for any consideration sufficient  to  support  a  simple
contract.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 2 - General Definitions and Principles of Interpretation › 1-205 - Reasonable Time; Seasonableness.

Section 1--205. Reasonable Time; Seasonableness.
(a)  Whether  a  time  for  taking  an  action required by this act is
reasonable depends on the nature,  purpose,  and  circumstances  of  the
action.
(b) An action is taken seasonably if it is taken at or within the time
agreed or, if no time is agreed, at or within a reasonable time.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 2 - General Definitions and Principles of Interpretation › 1-206 - Presumptions.

Section 1--206. Presumptions.
Whenever  this  act creates a "presumption" with respect to a fact, or
  provides that a fact is "presumed," the trier  of  fact  must  find  the
  existence  of  the  fact  unless  and  until evidence is introduced that
  supports a finding of its nonexistence.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 2 - General Definitions and Principles of Interpretation › 1-207 - Statute of Frauds for Kinds of Personal Property Not Otherwise Covered.

Section  1--207.  Statute of Frauds for Kinds of Personal Property Not
Otherwise Covered.
(a) Except in the cases described in subsection (b) of this section  a
contract  for the sale of personal property is not enforceable by way of
action or defense beyond five thousand dollars in  amount  or  value  of
remedy  unless there is some writing which indicates that a contract for
sale has been made between the parties at a  defined  or  stated  price,
reasonably  identifies  the  subject  matter, and is signed by the party
against whom enforcement is sought or by his authorized agent.
(b) Subsection (a) of this section does not apply to contracts for the
sale of goods (Section 2--201) nor of securities (Section 8--113) nor to
security agreements (Section 9--203).
(c) Subsection (a) of this section  does  not  apply  to  a  qualified
financial  contract  as  that  term  is  defined  in  paragraph  two  of
subdivision b of section 5-701 of the general obligations law if  either
(1) there is, as provided in paragraph three of subdivision b of section
5-701  of  such law, sufficient evidence to indicate that a contract has
been made or (2) the parties thereto, by means of a prior or  subsequent
written contract, have agreed to be bound by the terms of such qualified
financial  contract from the time they reach agreement (by telephone, by
exchange of electronic messages, or otherwise) on those terms.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 3 - Territorial Applicability and General Rules › 1-301 - Territorial Applicability; Parties' Power to Choose Applicable Law.

Section 1--301. Territorial  Applicability;  Parties'  Power  to  Choose
Applicable Law.
(a) Except as otherwise provided in this section, when  a  transaction
bears  a  reasonable relation to this state and also to another state or
nation, the parties may agree that the law either of this  state  or  of
such  other state or nation shall govern their rights and duties so long
as none of the parties to the transaction is a consumer and  a  resident
of  New  York.  Where a consumer is a resident of the state of New York,
New York state law shall apply.
(b) In the absence of an agreement effective under subsection (a), and
except as provided in subsection (c), this act applies  to  transactions
bearing an appropriate relation to this state.
(c)  If  one  of  the  following  provisions of this act specifies the
applicable law, that provision  governs  and  a  contrary  agreement  is
effective only to the extent permitted by the law so specified:
(1) Section 2--402;
(2) Sections 2-A--105 and 2-A--106;
(3) Section 4--102;
(4) Section 4-A--507;
(5) Section 5--116;
(6) Section 8--110; and
(7) Sections 9--301 through 9--307.
2023 New York Laws › UCC - Uniform Commercial Code › Article 1 › Part 3 - Territorial Applicability and General Rules › 1-302 - Variation by Agreement.

Section 1--302. Variation by Agreement.
(a)  Except  as  otherwise  provided in subsection (b) or elsewhere in
this act, the effect  of  provisions  of  this  act  may  be  varied  by
agreement.
(b) The obligations of good faith, diligence, reasonableness, and care
prescribed  by this act may not be disclaimed by agreement. The parties,
by agreement, may determine the standards by which  the  performance  of
those  obligations  is  to  be  measured  if  those  standards  are  not
manifestly unreasonable. Whenever this act  requires  an  action  to  be
taken   within  a  reasonable  time,  a  time  that  is  not  manifestly
unreasonable may be fixed by agreement.
(c) The presence in certain provisions  of  this  act  of  the  phrase
"unless  otherwise  agreed",  or words of similar import, does not imply
that the effect of other provisions may not be varied by agreement under
this section.