S T A T E O F N E W Y O R K
________________________________________________________________________
119
2017-2018 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 4, 2017
___________
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.
LBD01590-01-7
A. 119 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.