S T A T E   O F   N E W   Y O R K
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                                  2247

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. CAHILL -- read once and referred to the Committee
  on Real Property Taxation

AN  ACT to amend the real property tax law and the real property law, in
  relation to notifying certain property owners of record of changes  to
  a parcel and coordinating tax maps with surveyor maps

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 503 of the real property tax  law,
as  added  by  chapter  472  of  the laws of 1984, is amended to read as
follows:
  2. The originals of tax maps approved  under  this  section  shall  be
filed  in  the  office  of  the  county  director  of  real property tax
services. With the cooperation and  concurrence  of  the  assessor,  the
county  director shall make such changes from year to year upon such tax
maps as may be necessary to  maintain  the  maps  in  current  condition
INCLUDING  THE  DATE  THE  CHANGES  WERE MADE AND THE NAME OF THE PERSON
MAKING SUCH CHANGES; PROVIDED, HOWEVER, IF A SURVEY IS DONE ON A PARCEL,
SUCH SURVEY SHALL BE COORDINATED WITH THE TAX MAP OF THE SAME PARCEL AND
IF THERE IS A DISCREPANCY, ALL AFFECTED LANDOWNERS SHALL BE NOTIFIED  BY
THE  LICENSED LAND SURVEYOR AS PROVIDED IN SECTION THREE HUNDRED THIRTY-
FOUR-B OF THE REAL PROPERTY LAW.  The expense of  maintaining  such  tax
maps  in  current condition shall be a county charge and shall be levied
ad valorem upon all taxable property in the county. On such dates as are
appropriate for use in connection with  the  preparation  of  assessment
rolls,  the  county  director  shall furnish each city, town and village
that assesses real property for purposes of taxation with a copy of  the
approved tax map or pertinent portion thereof in current condition. Such
copy  of  the  map  shall  be  a public record and shall be filed in the
office of the assessor of the city, town or village; provided,  however,
that  if  the  city, town or village does not maintain an office for the
assessor, the map shall be filed in the office  of  the  city,  town  or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06160-01-5
              

A. 2247                             2

village  clerk.  The  county director may file an additional copy of the
tax map in the office of the county clerk and shall provide  such  addi-
tional  copies to such county or other government agencies as the legis-
lative body of the county may direct.
  S  2.  The section heading of section 334 of the real property law, as
amended by section 687 of the laws of 2005, is amended, subdivisions  1,
2,  3,  4, 5, 6 and 7 are renumbered subdivisions 2, 3, 4, 5, 6, 7 and 8
and a new subdivision 1 is added to read as follows:
  [Maps] NOTICE REQUIREMENTS; MAPS to be filed; penalty for nonfiling.
  1. IT SHALL BE THE DUTY OF EVERY PERSON OR CORPORATION WHO,  AS  OWNER
OR  AGENT,  SUBDIVIDES  REAL PROPERTY INTO LOTS, PLOTS, BLOCKS OR SITES,
WITH OR WITHOUT STREETS, FOR SALE TO THE PUBLIC  TO  PUBLISH  NOTICE  OF
SUCH  PLAN  TO  SURVEY OR HAVE SURVEYED SUCH REAL PROPERTY PRIOR TO SUCH
SUBDIVIDING OF REAL PROPERTY. SUCH PUBLISHED  NOTICE  SHALL  BE  IN  TWO
LOCAL  NEWSPAPERS,  AT LEAST ONE IN THE ENGLISH LANGUAGE, MOST LIKELY TO
GIVE NOTICE TO ANY INTERESTED PERSONS, FOR A PERIOD OF  TEN  CONSECUTIVE
DAYS  PRIOR  TO SURVEY, AND AT LEAST ONCE A WEEK IN EACH OF FOUR SUCCES-
SIVE WEEKS AFTER SUCH SURVEY HAS BEEN MADE. IT SHALL ALSO BE THE DUTY OF
THE LICENSED LAND SURVEYOR TO PROVIDE NOTICE TO THE  PUBLIC  OF  A  LAND
SURVEY  BY POSTING SIGNS ON OR NEAR THE PROPERTY TO BE SURVEYED TEN DAYS
PRIOR TO, DURING, AND FOR THIRTY DAYS AFTER THE LAND SURVEY.
  S 3. The real property law is amended by adding a new section 334-b to
read as follows:
  S 334-B. DISCREPANCY AMONG LAND MAPS; PENALTY FOR FAILURE  TO  NOTIFY.
IT  SHALL  BE  THE DUTY OF THE LICENSED LAND SURVEYOR TO PROVIDE WRITTEN
NOTICE TO HIS OR HER CLIENT WITHIN SIXTY DAYS OF A LAND SURVEY, AS  WELL
AS  ALL  OF THE ADJACENT LANDOWNERS, OF ANY DISCREPANCY BETWEEN THE LAND
MAP TO BE FILED BY SUCH SURVEYOR AND THE PREVIOUSLY FILED  LAND  MAP  OF
SUCH  REAL PROPERTY IN THE OFFICE OF THE COUNTY CLERK WHERE THE PROPERTY
IS SITUATED. THE DUTY TO PROVIDE NOTICE OF SUCH DISCREPANCY  SHALL  ONLY
APPLY  WHERE  THE PARCEL OF REAL PROPERTY SURVEYED IS FIVE ACRES OR LESS
AND TWO PERCENT OR MORE OF THE PROPERTY IS AFFECTED BY A DISCREPANCY, OR
WHERE THE PARCEL OF REAL PROPERTY SURVEYED IS MORE THAN FIVE  ACRES  AND
TEN  PERCENT  OR  MORE  OF SUCH PROPERTY IS AFFECTED BY A DISCREPANCY. A
FAILURE TO PROVIDE NOTICE OF SUCH DISCREPANCY SHALL SUBJECT THE SURVEYOR
TO A PENALTY TO BE DETERMINED AND IMPOSED BY THE COMMISSIONER OF  EDUCA-
TION  ON  RECOMMENDATIONS  FROM THE STATE BOARD FOR ENGINEERING AND LAND
SURVEYING.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.  Effective immediately, the addition, amend-
ment and/or repeal of any rule or regulation necessary for the implemen-
tation of this act on its effective date are authorized and directed  to
be made and completed on or before such effective date.