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.
STATE OF NEW YORK
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8402
IN SENATE
February 23, 2022
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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.