S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9736
 
                           I N  A S S E M B L Y
 
                              March 28, 2022
                                ___________
 
 Introduced by M. of A. THIELE -- read once and referred 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:
 
   Section  1.  Section 335-a of the real property law, as added by chap-
 ter 785 of the laws of 1923, is amended to read as follows:
   § 335-a. Easements of necessity. The owner of any  lot,  plot,  block,
 site  or  other  parcel  of real estate being a subdivision or part of a
 subdivision of any larger parcel or parcels of real property shown  upon
 a  map of said parcel or parcels of real property and of its subdivision
 or subdivisions, filed in the office of  the  county  clerk  or  of  the
 register of deeds of the county where the property is situated, prior to
 the  sale  or conveyance of such lot, plot, block, site or other parcel,
 or subdivision thereof by the seller thereof, upon which map any road or
 street is indicated or shown as giving access  to  or  egress  from  any
 public  road or street to such lot, plot, block, site or other parcel of
 real estate thereon indicated or to any part thereof,  sold  or  granted
 after  such filing, and the owner of any lot, plot, block, site or other
 parcel of real estate, the conveyance whereof  shall  specifically  give
 the  right  of  access to or egress from the same by any private road or
 street over lands belonging to the maker of such  conveyance  and  which
 road  or  street is described in such conveyance, may, when necessary to
 the enjoyment of the lot, plot, block or site or other  parcel  of  real
 estate  so sold or conveyed and when the same is not bounded by a public
 road, lay, beneath the roads or streets indicated and  shown  upon  such
 map  or  described in such conveyance as giving access to or egress from
 any public road to such property so sold or conveyed as aforesaid, wires
 [and], conduits, AND WATER LINES for the purpose of supplying  the  said
 property  with  electric light [and], telephone, AND WATER service. Such
 wires [or], conduits, OR LINES shall be laid only on condition that  the
 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
 A. 9736                             2
 
 or egress from such property shall be restored as nearly as possible  to
 their  original condition and that the person or persons entitled to the
 fee of such private roads or streets or having an easement over the same
 shall  be compensated for actual damage occasioned by the laying of such
 wires [or], conduits, OR LINES.
   Nothing [herein contained] IN THIS SECTION shall be deemed  to  affect
 in  any manner lands acquired by the city of New York for the purpose of
 construction or development of its water supply system.
   § 2. This act shall take effect immediately.