Bill S4413-2011

Provides for riparian/littoral property lines to be shown on subdivision maps that are contiguous to navigable water bodies of the state

Provides for riparian/littoral property lines to be shown on subdivision maps that are contiguous to navigable water bodies of the state.

Details

Actions

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 4413 2011-2012 Regular Sessions IN 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
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.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus