S4413-2011 Actions

• Jan 4, 2012: REFERRED TO JUDICIARY
• Apr 4, 2011: REFERRED TO JUDICIARY

S4413-2011 Memo

BILL NUMBER:S4413

TITLE OF BILL:

An act
to amend the real property law, in relation to the filing of subdivision
maps

PURPOSE:

The proposed legislation will amend subdivision 5 of �334 of the Real
Property Law relating to the depiction of riparian/littoral property
lines on subdivision maps and will add a requirement that subdivision
maps filed pursuant to the provisions of �334-a and �335 of the Real
Property Law, depicting lots, plots, blocks or sites contiguous to
navigable waters of the State, show the location of the
riparian/littoral boundary line(s) of said lots, plots, blocks or
sites.

SUMMARY OF PROVISIONS:

The proposed legislation will amend subdivision 5 of �334 of the Real
Property Law, as added by Chapter 687 of the Laws of 2004, by making
technical amendments to assure (1) that the amendment is construed to
apply to all navigable waters of the State and (2) adds the word
"riparian" to littoral to extend the application of the statute to
both tidal and fresh waters, and (3) deletes the word "area" and adds
"line or lines" to the last sentence.

Furthermore, the amendment will add a new subdivision 4-a to �334-a of
the Real Property Law, extending the application of the
aforementioned 2004 change in the law to Nassau County and a new
subdivision I-a to �355 of the Real Property Law, likewise, extending
the application of the aforementioned 2004 change in the law to
Suffolk County.

EXISTING LAW:

Subdivision 5 of �334 of the Real Property Law now provides that lands
shown on a subdivision map contiguous to navigable waters of the
State and having frontage on such waters, also show the extension of
the riparian/littoral property line or lines of such lots, plots,
blocks, sites or units from the intersection of said line or lines
with the high water mark into said navigable waters of the State.

Section 334-a of the Real Property Law sets forth the particular
requirements for filing a subdivision map in Nassau County including
the exceptions thereto.

Section 335 of the Real Property Law sets forth the particular
requirements for filing a subdivision map in Suffolk County.

PRIOR LEGISLATIVE HISTORY:

2005-06: A.8113-A: Passed Assembly
2007-08: S.5592A Rules Committee/A.461A Passed Assembly


2009:    S.3807 Judiciary Cmte.
2010:    S.3807 Judiciary Cmte.; Reported and Advanced to Third
Reading

STATEMENT IN SUPPORT:

Following the passage of Chapter 687 of the Laws of 2004 and upon the
recommendation of the Legislative Committee of the New York
Association of Professional Land Surveyors, the bill proposes to
amend subdivision 2 of Section 334 of the Real Property Law to add
the proposed language to �334-a and �335 of the Real Property Law to
extend the application of the statute to Nassau County and Suffolk
County respectively.

The proposal is intended to assist property owners and those
subdividing properties in determining riparian/littoral boundaries
and should have statewide application.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S4413-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4413
 2011-2012 Regular Sessions
 I N  SENATE
 April 4, 2011
 
 Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
 printed to be committed to the Committee on Judiciary
 

AN ACT to amend the real property law, in  relation  to  the  filing  of
 subdivision maps
 

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

 

Section 1. Subdivision 5 of section 334 of the real property  law,  as
 amended  by  chapter  687  of  the  laws  of 2005, is amended to read as
 follows:

 5. In case the lands sought to be shown upon the subdivision  map  are
 contiguous  to  the  navigable  waters of the state and have frontage on
 such waters, such map shall show the extension of the  RIPARIAN/littoral
 property  line or lines of such lots, plots, blocks, sites or units from
 the intersection of said PROPERTY line or lines with the high water mark
 into said navigable waters of the state. Such map shall show  sufficient
 data  to  define  the  location  of the riparian/littoral [area] LINE OR
 LINES associated with such lots, plots, blocks, sites or units.
 

S 2.

Section 334-a of the real property law is amended by adding a new
 subdivision 4-a to read as follows:

 4-A. IN CASE THE LANDS SOUGHT TO BE SHOWN UPON THE SUBDIVISION MAP ARE
 CONTIGUOUS TO THE NAVIGABLE WATERS OF THE STATE  AND  HAVE  FRONTAGE  ON
 SUCH  WATERS, SUCH MAP SHALL SHOW THE EXTENSION OF THE RIPARIAN/LITTORAL
 PROPERTY LINE OR LINES OF SUCH LOTS, PLOTS, BLOCKS, SITES OR UNITS  FROM
 THE INTERSECTION OF SAID PROPERTY LINE OR LINES WITH THE HIGH WATER MARK
 INTO  SAID NAVIGABLE WATERS OF THE STATE. SUCH MAP SHALL SHOW SUFFICIENT
 DATA TO DEFINE THE LOCATION OF THE RIPARIAN/LITTORAL LINE OR LINES ASSO
 CIATED WITH SUCH LOTS, PLOTS, BLOCKS, SITES OR UNITS.
 

S 3.

Section 335 of the real property law is amended by adding  a  new
 subdivision 1-a to read as follows:

 1-A. IN CASE THE LANDS SOUGHT TO BE SHOWN UPON THE SUBDIVISION MAP ARE
 CONTIGUOUS  TO  THE  NAVIGABLE  WATERS OF THE STATE AND HAVE FRONTAGE ON
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10602-01-1
 
       S. 4413                             2
 SUCH WATERS, SUCH MAP SHALL SHOW THE EXTENSION OF THE  RIPARIAN/LITTORAL
 PROPERTY  LINE OR LINES OF SUCH LOTS, PLOTS, BLOCKS, SITES OR UNITS FROM
 THE INTERSECTION OF SAID PROPERTY LINE OR LINES WITH THE HIGH WATER MARK
 INTO  SAID NAVIGABLE WATERS OF THE STATE. SUCH MAP SHALL SHOW SUFFICIENT
 DATA TO DEFINE THE LOCATION OF THE RIPARIAN/LITTORAL LINE OR LINES ASSO
 CIATED WITH SUCH LOTS, PLOTS, BLOCKS, SITES OR UNITS.
 

S 4. This act shall take effect immediately.

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