S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8402
 
                             I N  S E N A T E
 
                             February 23, 2022
                                ___________
 
 Introduced  by Sen. GAUGHRAN -- 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 adding water lines
   to the list of utilities that  may  be  installed  by  the  owners  of
   certain lots, plots, blocks, sites, or other parcels of real estate

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 335-a of the real property law, as added by  chap-
 ter 785 of the laws of 1923, is amended to read as follows:
   §  335-a.  Easements  of necessity. The owner of any lot, plot, block,
 site or other parcel of real estate being a subdivision  or  part  of  a
 subdivision  of any larger parcel or parcels of real property shown upon
 a map of said parcel or parcels of real property and of its  subdivision
 or  subdivisions,  filed  in  the  office  of the county clerk or of the
 register of deeds of the county where the property is situated, prior to
 the sale or conveyance of such lot, plot, block, site or  other  parcel,
 or subdivision thereof by the seller thereof, upon which map any road or
 street  is  indicated  or  shown  as giving access to or egress from any
 public road or street to such lot, plot, block, site or other parcel  of
 real  estate  thereon  indicated or to any part thereof, sold or granted
 after such filing, and the owner of any lot, plot, block, site or  other
 parcel  of  real  estate, the conveyance whereof shall specifically give
 the right of access to or egress from the same by any  private  road  or
 street  over  lands  belonging to the maker of such conveyance and which
 road or street is described in such conveyance, may, when  necessary  to
 the  enjoyment  of  the lot, plot, block or site or other parcel of real
 estate so sold or conveyed and when the same is not bounded by a  public
 road,  lay,  beneath  the roads or streets indicated and shown upon such
 map or described in such conveyance as giving access to or  egress  from
 any public road to such property so sold or conveyed as aforesaid, wires
 [and],  conduits,  AND WATER LINES for the purpose of supplying the said
 property with electric light [and], telephone, AND WATER  service.  Such
 wires  [or], conduits, OR LINES shall be laid only on condition that the
 private roads or streets on which the owner has the right of  access  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14565-01-2
 S. 8402                             2
 
 or  egress from such property shall be restored as nearly as possible to
 their original condition and that the person or persons entitled to  the
 fee of such private roads or streets or having an easement over the same
 shall  be compensated for actual damage occasioned by the laying of such
 wires [or], conduits, OR LINES.
   Nothing [herein contained] IN THIS SECTION shall be deemed  to  affect
 in  any manner lands acquired by the city of New York for the purpose of
 construction or development of its water supply system.
   § 2. This act shall take effect immediately.