Bill Text: NY A10328 | 2017-2018 | General Assembly | Introduced

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Bill Title: Requires an owner or lessee who is granted a license to enter adjoining property to post a bond based on the property value of such adjoining property and requires appropriate compensation for the adjoining property owner.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-04-10 - referred to judiciary [A10328 Detail]

Download: New_York-2017-A10328-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          10328
                   IN ASSEMBLY
                                     April 10, 2018
                                       ___________
        Introduced  by M. of A. NOLAN -- read once and referred to the Committee
          on Judiciary
        AN ACT to amend the  real  property  actions  and  proceedings  law,  in
          relation  to  requiring an owner or lessee who is granted a license to
          enter adjoining property to post a bond based on the property value of
          such adjoining property and requiring appropriate compensation for the
          adjoining property owner
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  881 of the real property actions and proceedings
     2  law, as added by chapter 220 of the laws of 1968, is amended to read  as
     3  follows:
     4    §  881.  Access to adjoining property to make improvements or repairs.
     5  When an owner or lessee seeks to make improvements or  repairs  to  real
     6  property so situated that such improvements or repairs cannot be made by
     7  the  owner or lessee without entering the premises of an adjoining owner
     8  or his lessee, and permission so to enter has been refused, the owner or
     9  lessee seeking to make such  improvements  or  repairs  may  commence  a
    10  special proceeding for a license so to enter pursuant to article four of
    11  the  civil  practice law and rules. The petition and affidavits, if any,
    12  shall state the facts making such entry necessary and the date or  dates
    13  on  which entry is sought. Such license shall be granted by the court in
    14  an appropriate case upon such terms as justice  requires.    Such  terms
    15  shall  include, but not be limited to the following:  (a) the posting of
    16  a bond by the licensee in an amount that shall be based on (i) the prop-
    17  erty value of the adjoining property, (ii) the extent  of  the  proposed
    18  work,  and (iii) the potential for damage to the adjoining property; (b)
    19  requiring appropriate compensation  for  the  adjoining  property  owner
    20  based  on  the  procedure  and  analysis  provided in the eminent domain
    21  procedure law.  The licensee shall be liable to the adjoining  owner  or
    22  his lessee for actual damages occurring as a result of the entry.
    23    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15015-02-8