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



This Page Maintained by the Eastern New York Society of Land Surveyors
http://www.enysls.org

Last Updated:  9/1/2007

Note: All attempts are made to keep this page updated with current information and links.  To report broken links or to additional legislation or judicial decisions relating to Land Surveying in New York State, click here.