Absent a Zoning Provision to the Contrary, Underwater Land may be used to Satisfy Bulk Area Requirements.

Land Use

Case-law from the Second Department is clear that underwater land may be used to satisfy bulk area zoning requirements when a municipality’s Zoning Code is silent on the issue. Pagnozzi v. Planning Board of Village of Piermont, 292 A.D.2d 613 (2nd Dept 2002); Vezza v. Bauman, 192 A.D.2d 712 (2nd Dept 1993). Courts that have addressed this issue have stated that “it is well settled that zoning laws are by their very nature in derogation of common-law property rights and thus are subject to the long-standing rule requiring their strict construction.” Id.; see also FGL & L Prop. Corp. v. City of Rye, 66 N.Y.2d 11; 495 N.Y.S.2d 321; Moriarty v. Planning Board of Village of Sloatsburg, 119 A.D.2d 188, 506 N.Y.S.2d 184. Read the rest of this entry »

Posted by Michael Sahn

Reshaping New York

Land Use

 

This week the New York Times published on its website the online interactive feature “Reshaping New York”, which provides a brief interactive tour depicting how New York City’s physical landscape has changed in the last 12 years.  This interesting piece highlights the vast physical changes that have occurred throughout the city during Bloomberg’s tenure as Mayor using graphics and photographs. Read the rest of this entry »

Posted by Daniel Braff

Care Needed when Drafting Conveyance of Land along a Pond or Stream

Land Use

 

A unanimous New York Court of Appeals recently ruled that a conveyance of land along a pond or stream includes the land under the pond or stream, to the center of the water, unless a contrary intention is made clear. Knapp v. Hughes, 19 N.Y.3d 672, 2012 N.Y. Slip Op. 06991 (2012). The court emphasized that the application of their decision, “does not depend on minor variations in the language of the conveyance.” Id. Read the rest of this entry »

Posted by Michael Sahn