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Assembly Bill A10328

2017-2018 Legislative Session

Requires an owner or lessee who is granted a license to enter adjoining property to post a bond based on the property value of such adjoining property

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Archive: Last Bill Status - In Assembly Committee

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2017-A10328 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Real Property Actions and Proceedings Law
Laws Affected:
Amd §881, RPAP L

2017-A10328 (ACTIVE) - Summary

Requires an owner or lessee who is granted a license to enter adjoining property to post a bond based on the property value of such adjoining property and requires appropriate compensation for the adjoining property owner.

2017-A10328 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10328
 
                           I N  A S S E M B L Y
 
                              April 10, 2018
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the  real  property  actions  and  proceedings  law,  in
   relation  to  requiring an owner or lessee who is granted a license to
   enter adjoining property to post a bond based on the property value of
   such adjoining property and requiring appropriate compensation for the
   adjoining property owner

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  881 of the real property actions and proceedings
 law, as added by chapter 220 of the laws of 1968, is amended to read  as
 follows:
   §  881.  Access to adjoining property to make improvements or repairs.
 When an owner or lessee seeks to make improvements or  repairs  to  real
 property so situated that such improvements or repairs cannot be made by
 the  owner or lessee without entering the premises of an adjoining owner
 or his lessee, and permission so to enter has been refused, the owner or
 lessee seeking to make such  improvements  or  repairs  may  commence  a
 special proceeding for a license so to enter pursuant to article four of
 the  civil  practice law and rules. The petition and affidavits, if any,
 shall state the facts making such entry necessary and the date or  dates
 on  which entry is sought. Such license shall be granted by the court in
 an appropriate case upon such terms as justice  requires.    SUCH  TERMS
 SHALL  INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:  (A) THE POSTING OF
 A BOND BY THE LICENSEE IN AN AMOUNT THAT SHALL BE BASED ON (I) THE PROP-
 ERTY VALUE OF THE ADJOINING PROPERTY, (II) THE EXTENT  OF  THE  PROPOSED
 WORK,  AND (III) THE POTENTIAL FOR DAMAGE TO THE ADJOINING PROPERTY; (B)
 REQUIRING APPROPRIATE COMPENSATION  FOR  THE  ADJOINING  PROPERTY  OWNER
 BASED  ON  THE  PROCEDURE  AND  ANALYSIS  PROVIDED IN THE EMINENT DOMAIN
 PROCEDURE LAW.  The licensee shall be liable to the adjoining  owner  or
 his lessee for actual damages occurring as a result of the entry.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15015-02-8

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