Enacted Legislation and Judicial Decisions Relating to Land Surveying
New York State Court of Appeals Decision No. 68 - June 13, 2006 - G. Scott Walling v. Paul F. Przybylo - Decision in the Queensbury Adverse Possession case
Proposed Regulation Relating to Land Surveying
Proceedings Relating to the Unauthorized Practice of the Professions or the Unauthorized Use of a Professional Title - The Commissioner of Education is proposing to add Part 31 to the Rules of
the Board of Regents (8 NYCRR Part 31) relating to civil enforcement
proceedings for the unauthorized practice of the professions and the
unauthorized use of a professional title.
A draft copy is available HERE - and more information is available on the Office of Professions Website
Proposed Legislation Relating to Land Surveying
A number of
these bills are on
the current NYSAPLS Legislative Agenda (slated for active support or
active opposition). For more information on the status of these
bills or other legislative matters, watch for updates in the Empire
State Surveyor & NYSAPLS E-mail alerts. Also, please contact
your Regional or NYSAPLS Legislative Committee with your legislative
issues, concerns
or questions. Note: If bills have been vetoed by the Governor,
that information will appear below. If bills are passed in both
houses and signed into law by the Governor, the new section of law will
appear above under "enacted legislation." All other bills shown
below have been introduced to the Assembly and/or Senate, have not been
acted upon, or have been referred to committee. Click
on the "Assembly" or "Senate" links to view bill status and see a
summary of each bill - to view the full text of each bill,
click on the "See Bill Text" link at the top of each summary page.
**A7778/S4395 - Provides that
the altering of a boundary or title survey shall only be prepared
for
the specific purpose named in the alteration and not as a title or
boundary survey. - Assembly
Senate - Governor Veto 139 - 8/2007 - Veto Memo
A8601/S4492 - Relates
to the right of professional surveyors to place liens on real property
for performance of surveying services in the state of New York. - Assembly Senate
**A9156/S5364 - Provides that title pursuant to
adverse possession shall be defeated if the claimant has knowledge that
another person is the title owner of the real property. - Assembly Senate - Governor Veto 153 - 8/2007 - Veto Memo
A7878 - Provides that the statute of
limitation for an adverse possession proceeding which is not based on a
written instrument shall be 20 years. - Assembly
A2918 - Eliminates the Citizenship or Permanent Residence requirement for some professions including Land Surveying. - Assembly
S2601 - Provides for public review of licensure test questions under the Truth in Testing Law. - Senate
A2687 - Requires primary design professional to review and
sign off on work of secondary design professional (Recently amended to
include Land Surveyors) - Assembly
A1927 - Redefinition of Land Surveying, adoption of two-tiered system (ACSM Model Law). - Assembly
S922 - Exempts certain persons involved in the design and construction of small on site wastewater
treatment systems from licensure as a professional engineer or licensed
land surveyor if they have received certification from the department of health.
- Senate
A1928 - Creates an "Unlawful Practice Oversight Account." Adds a
$10 additional fee to current licensure and renewal fees to be
deposited in this oversight account, to be used by the State Education
Department to pursue action against individuals who practice professions
without being licensed (previous laws were enacted giving the
Department the authority to pursue action against unlicensed practice,
but the department has never been allocated funds in the budget to
pursue action - this bill would attempt to provide funding for such
actions). - Assembly
A1743/S877 - Provides for the licensing of agents of title insurance companies. - Assembly Senate
A6662/S2762 - Established a certification for Landscape Irrigation Contractors. - Assembly Senate
A2060/S930 - To permit non-licensed persons to own non-majority shares in Professional Service Corporations. - Assembly Senate
A1581 - Authorizes incorporation of Engineers, Architects and Land Surveyors as
not-for-profit corporations operated exclusively for the provision of such
services to persons of low or moderate incomes for charitable or public
purposes of aiding, assisting and supporting such persons to create and
maintain decent, affordable housing. - Assembly
A2620 - Exempts sole practitioners and those who certify economic hardship from
continuing education requirements for engineers and architects (does not apply to Land Surveyors at this time). - Assembly
A6899/S2471 - To allow corporations which have
engaged in the practice of engineering and land surveying prior to
April 5, 1935 to continue to practice regardless of whether there was
a time period in which such corporation ceased to practice engineering
or land surveying.
- Assembly Senate
S1142 - Requires the education department to audit public entities to determine if
certain positions require as a qualification for employment a license in
professional engineering. - Senate
A821 - "Good Samaritan Act" for design
professionals - protects from certain liability when services are
performed voluntarily, at the scene of a natural disaster or
catastrophe. - Assembly
A5927 - 10-year statute of
limitations for certain actions against design professionals
(modifying the "Discovery Rule" for those actions) and limiting lawsuits against professionals. - Assembly
A2178 - Provides that a contract made by a person unlicensed to
practice engineering
services, architectural services or landscape architectural services
which
assumes responsibility for both design and construction of a building
project
is against public policy, and unenforceable unless such person is
identified in
such contract and doesn`t have an interest in such contracting party
and the
practice of such licensee is independent of the contracting party`s
business (does not apply to Licensed Surveyors at this time). - Assembly
S1478 - Relating to common driveways/sewers/open space - makes
subdivisions of five or fewer lots exempt from provisions of the Martin
Act. - Senate
A2799/S3035 - Relates to requiring notice to neighboring landowners of intention to develop in wetland areas. - Assembly Senate
A7133/S3835 and S1927 - Redefinition of Freshwater Wetlands, granting D.E.C.
authority over wetlands as small as one acre, removes the requirement
that wetlands appear on official D.E.C. mapping to be jurisdictional, and many other provisions - Assembly - Senate --- Senate
A5957/23901 - Provides for the creation, maintenance and regulation of freshwater and tidal
wetlands mitigation banks. - Assembly Senate
S3839 - Would include the act of issuing or modifying zoning ordinances and regulations as "actions" under SEQRA. - Senate
A2691/S3840 - Authorizes electronic filing of official freshwater
regulatory maps, allows for availability of said maps through the
D.E.C. website. - Assembly - Senate
A2013 - Provides that local assessing units shall determine tax abatement granted to
freshwater wetlands, subject to rules and regulations of board of real property
services. - Assembly
A4947/S2785 - Requires applicants for subdivision review to obtain
confirmation from school district that parcel to be subdivided is
actually within school district's boundary. - Assembly Senate
A2740/S3034 - Requires developers to certify compliance with all state
zoning/building/permitting requirements before seeking land use
approval from a municipality - Assembly - Senate
A1184 - Increases penalties a town board may impose for violation of zoning/planning laws - Assembly
A7005 - Requires municipalities that institute certain zoning changes
to require that a certain portion of newly constructed homes be
available to low income family; establishes the conditions that must be met in areas of new home construction. - Assembly
A1262 - Provides that municipalities may not create zoning overlay
districts unless they have entered into an intermunicipal agreement
with another municipality; provides that a municipality may not up-zone
through the use of an overlay district. - Assembly
S59 - Requires inter-municipal review of zoning/land-use/planning for new municipal comprehensive plans - Senate
A1509 - Authorizes cities, towns and villages to enact temporary land use planning and zoning moratoriums. - Assembly
A1291/S657 - Defers, at local option, the approval of subdivision
plats and site plans in high growth towns, cities and villages. - Assembly - Senate
S1132 - Authorizes towns to impose a fee upon zoning applications to
recover the direct costs incurred for the independent review of such
application pursuant to a written contract with a consultant. - Senate
A3339/S576 - Authorizes towns, villages and counties to offer additional means and
incentives for the preservation of agricultural lands and farms, and open,
scenic and natural spaces, areas, woodlands and wetlands; requires disclosure
of the open space status of real property upon its conveyance; authorizes the
state board of real property services to provide assistance in maintaining open
spaces to municipalities. - Assembly Senate
A6233/S1040 - (Similar relating to
Prevailing Wage A5851) Additional provisions for the enforcement of the
competitive bidding law. - Assembly Senate --- Assembly
A1091 - Makes various provisions regarding regulation of certain land development in the Adirondack park. - Assembly
A4195 - Authorizes state and municipal agencies to regulate use of geographic
information systems materials after the disclosure thereof under
freedom of information law. - Assembly
A497/S1351 - Directs commissioner of transportation to establish engineering and technician
career development, recruitment and retention program and an associated fund. - Assembly
- Senate
A1041; A3897/S2038; S2387 - Relating to Workman's Compensation coverage and recognition of Lyme Disease. - Assembly --- Assembly - Senate --- Senate
EMINENT DOMAIN - With the U.S. Supreme Court decision in Kelo v. New London,
effectively allowing individual states and municipalities to set their
own rules regarding Eminent Domain, and specifically allowing them to
take private property for "public purpose" to include allowing private
developers to develop the land to expand the tax base of the
municipality, there have been a number of bills proposed at the state
level to re-define New York's Eminent Domain Procedure Law (EDPL).
While not an issue relating directly to Land Surveying, municipalities
using Eminent Domain per the decision in Kelo v. New London, or
legislative changes to New York's EDPL will have an effect on land
title in New York. Since there are many bills currently being
considered, the following link leads to a general search of the related
bills in both the State Assembly and State Senate. - Full Search of Related Bills -- Also, this link is to a PDF file of the Supreme Court decision in Kelo V. New London.
To view/search all of the Consolidated
Laws, Unconsolidated Laws, Court Acts and Senate/Assembly rules of New
York State, or the view the New York State Constitution and New York
City Administrative Code and Charter, visit this link:
Laws of New York State
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