S T A T E   O F   N E W   Y O R K
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                                    399
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01931-01-9

 A. 399                              2
 
 assessor, the map shall be filed in the office  of  the  city,  town  or
 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.
   § 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.
   § 3. The real property law is amended by adding a new section 334-b to
 read as follows:
   §  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.
   § 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.