LAWS OF NEW YORK, 2005
CHAPTER 730

AN ACT to amend the education law, in relation to establishing penalties for the damaging of monuments and/or boundary markers.  This became a law October 11, 2005, with the approval of Governor George Pataki.  Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 7209 of the education law is amended by adding a new subdivision 9 to read as follows:

9. a. Any person who knowingly damages, destroys, disturbs, removes, resets, or replaces any boundary marker placed on any tract of land by a licensed land surveyor, or by any person at the direction of a licensed land surveyor, for the purpose of designating any point, course or line in the boundary of such tract of land in which he or she has no legal interest, shall be punished by a civil fine of not more than five hundred dollars and shall be liable for the cost of reestablishment of said boundary marker.

b. Notwithstanding the provisions of paragraph a of this subdivision, a licensed land surveyor licensed under section seventy-two hundred three of this article or a person acting at the direction of any such licensed land surveyor, may remove an existing marker if substandard in nature in order to place an upgraded marker in the same location and shall note the same on the map of survey.

§ 2. This act shall take effect immediately.

The Legislature of the STATE OF NEW YORK ss: Pursuant to the authority vested in us by section 70-b of the Public Officers Law, we hereby jointly certify that this slip copy of this Session law was printed under our direction and, in accordance with such section, is entitled to be read into evidence.

JOSEPH L. BRUNO
Temporary President of the Senate


SHELDON SILVER
Speaker of the Assembly

italics is new; matter in brackets [ ] is old law to be omitted.