Bill Text: NY S08402 | 2021-2022 | General Assembly | Introduced

---

Bill Title: Authorizes owners of plots of land within a mapped subdivision not located on a public road or street to install public water lines across the mapped but unimproved roads of the subdivision for the purpose of supplying their property with water.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-12-23 - SIGNED CHAP.774 [S08402 Detail]

Download: New_York-2021-S08402-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          8402

                    IN SENATE

                                    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:

     1    Section 1.  Section 335-a of the real property law, as added by  chap-
     2  ter 785 of the laws of 1923, is amended to read as follows:
     3    §  335-a.  Easements  of necessity. The owner of any lot, plot, block,
     4  site or other parcel of real estate being a subdivision  or  part  of  a
     5  subdivision  of any larger parcel or parcels of real property shown upon
     6  a map of said parcel or parcels of real property and of its  subdivision
     7  or  subdivisions,  filed  in  the  office  of the county clerk or of the
     8  register of deeds of the county where the property is situated, prior to
     9  the sale or conveyance of such lot, plot, block, site or  other  parcel,
    10  or subdivision thereof by the seller thereof, upon which map any road or
    11  street  is  indicated  or  shown  as giving access to or egress from any
    12  public road or street to such lot, plot, block, site or other parcel  of
    13  real  estate  thereon  indicated or to any part thereof, sold or granted
    14  after such filing, and the owner of any lot, plot, block, site or  other
    15  parcel  of  real  estate, the conveyance whereof shall specifically give
    16  the right of access to or egress from the same by any  private  road  or
    17  street  over  lands  belonging to the maker of such conveyance and which
    18  road or street is described in such conveyance, may, when  necessary  to
    19  the  enjoyment  of  the lot, plot, block or site or other parcel of real
    20  estate so sold or conveyed and when the same is not bounded by a  public
    21  road,  lay,  beneath  the roads or streets indicated and shown upon such
    22  map or described in such conveyance as giving access to or  egress  from
    23  any public road to such property so sold or conveyed as aforesaid, wires
    24  [and],  conduits,  and water lines for the purpose of supplying the said
    25  property with electric light [and], telephone, and water  service.  Such
    26  wires  [or], conduits, or lines shall be laid only on condition that the
    27  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

     1  or  egress from such property shall be restored as nearly as possible to
     2  their original condition and that the person or persons entitled to  the
     3  fee of such private roads or streets or having an easement over the same
     4  shall  be compensated for actual damage occasioned by the laying of such
     5  wires [or], conduits, or lines.
     6    Nothing [herein contained] in this section shall be deemed  to  affect
     7  in  any manner lands acquired by the city of New York for the purpose of
     8  construction or development of its water supply system.
     9    § 2. This act shall take effect immediately.