NY State Senate Bill 2009-S3807

Senate Bill S3807

2009-2010 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 13, 2010	advanced to third reading
Apr 12, 2010	2nd report cal.
Apr 08, 2010	1st report cal.342
Jan 06, 2010	referred to judiciary
Apr 01, 2009	referred to judiciary

Votes

- Apr 8, 2010 - Judiciary Committee Vote
  S3807
  
  11
  
  Aye
  
  9
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Judiciary Committee Vote: Apr 8, 2010
      
      aye (11)
      
      Breslin
      
      Diaz
      
      Dilan
      
      Espada
      
      Hassell-Thompson
      
      Klein
      
      Onorato
      
      Perkins
      
      Sampson
      
      Savino
      
      Schneiderman
      
      nay (9)
      
      LaValle
      
      Lanza
      
      Leibell
      
      Maziarz
      
      Nozzolio
      
      Ranzenhofer
      
      Saland
      
      Volker
      
      Winner
      
      aye wr (3)
      
      Adams
      
      Bonacic
      
      DeFrancisco

co-Sponsors

2009-S3807 (ACTIVE) - Details

Law Section:: Real Property Law
Laws Affected:: Amd §§334, 334-a & 335, RP L
Versions Introduced in 2011-2012 Legislative Session:: S4413

2009-S3807 (ACTIVE) - Summary

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

2009-S3807 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3807

 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

 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.

2009-S3807 (ACTIVE) - Bill Text download pdf

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

                                  3807

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              April 1, 2009
                               ___________

Introduced  by Sens. FLANAGAN, MORAHAN, SEWARD -- read twice and ordered
  printed, and when printed to be committed to the Committee on  Judici-
  ary

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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06539-01-9

S. 3807                             2

  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.

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Senate Bill S3807

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Sponsored By

John J. Flanagan