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A04660 Summary:

BILL NOA04660
 
SAME ASSAME AS S02701
 
SPONSORSchiavoni
 
COSPNSR
 
MLTSPNSR
 
 
Relates to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk; provides that the trustees of the Freeholders and Commonalty of the town of Southampton have and shall continue to have the authority to enforce the public's easement and access upon the ocean beaches within the town of Southampton, including all rights of the public with respect to the said ocean beaches which were conferred upon them by the Dongan Patent of 1686; defines "ocean beaches".
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A04660 Actions:

BILL NOA04660
 
02/04/2025referred to local governments
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A04660 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4660
 
SPONSOR: Schiavoni
  TITLE OF BILL: An act in relation to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk   PURPOSE: This legislation clarifies certain powers of the trustees of the Free- holders and the Commonalty of the town of Southampton.   SUMMARY OF PROVISIONS: Section 1. Legislative findings. Section 2. The legislature declares that the Trustees for the Proprie- tors of the town of Southampton, created by Chapter 255 of the Laws of 1818, no longer exist. Section 3. Affirms that the trustees of the Freeholders and Commonalty of the town of Southampton shall continue to have the right to protect the public's easement upon the ocean beaches within the town of South- ampton and to exercise for the benefit of the people of the Town all of the regulatory powers with respect to the said ocean beaches which were conferred upon them by the Dongan Patent of 1686; the rights of owner- ship and the powers to regulate the use of ocean beaches in the town. Section 4. Clarifies that "ocean beaches" defined for the purposes of this act as the area of the Atlantic Ocean beaches within the town of Southampton that lies between the crest of the primary dune and the high-water mark of the Atlantic Ocean. Section 5. Affirms that the trustees of the Freeholders and Commonalty of the town of Southampton shall continue to have and exercise all of the rights of ownership and regulation over the waters of the town of Southampton and the products thereof that they had and exercised by virtue of the powers conferred upon them by the Dongan Patent and that they had an exercised prior to the year 1818, as well as the rights of ownership and regulation over the said waters and the productions there- of that they were authorized to have and exercise by chapter 255 of the laws of 1818 and chapter 283 of the laws of 1831. Section 6. Upholds the powers of the trustees of the Freeholders and Commonalty of the town of Southampton that were conferred upon them by Chapter 283 of the laws of 1831, including with limitation the power to make rules, orders and by laws for the management of the property and franchises of the town to regulate their affairs to impose penalties on any person offending against such rules, orders or by laws and to appro- priate and apply the funds arising from their activities as they deem most proper to promote the interest of the town. Section 7. Nothing in this act shall be construed as affecting any power or authority of any incorporated village within the town of Southampton over lands, beaches and waters within such villages, pursuant to the village law, the general municipal law, the municipal home rule or any other state law. Section 8. Sets forth an immediate effective date.   JUSTIFICATION: This legislation would clarify in statute the powers of the trustees of the Freeholders and Commonalty of the town of Southampton with respect to their rights to manage and protect the public easement to the ocean beaches located within the town of Southampton and the rights of owner- ship and regulation over the town waters and the products thereof. This legislation is necessary to allow the trustees to carry out the duties they are charged with under the Dongan Patent of 1686 to protect certain lands, territories and waters of the town of Southampton for the benefit of the residents, freeholders and taxpayers of the town of Southampton.   LEGISLATIVE HISTORY: 2023-24: S.2156/A.1531 2021-22: S.7529-A/A.8476-A 2019-20: S.3730/A.5523 2017-18: S.4117/A.4838 2016: S.7259/A.9823   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: This act shall take effect immediately.
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A04660 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4660
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 4, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
          Committee on Local Governments
 
        AN ACT in relation to the trustees of the Freeholders and the Commonalty
          of the town of Southampton, county of Suffolk
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Legislative findings. The legislature enacted chapter 255
     2  of the laws of 1818 and chapter 283 of the laws of 1831, addressing  the
     3  respective  powers  of the trustees of the Freeholders and Commonalty of
     4  the town of Southampton, a body politic created by the Dongan Patent  of
     5  1686, and the trustees for the proprietors of the town of Southampton, a
     6  body  created  by  chapter  255 of the laws of 1818, with respect to the
     7  title to and use of the ocean beaches in the town, and further, to  make
     8  clear  the  continuing  ownership of the trustees of the Freeholders and
     9  Commonalty of the town of Southampton of the  underwater  lands  in  the
    10  town  and the taking of the products thereof, and their right to protect
    11  the public's right to use and enjoy the easement upon the ocean  beaches
    12  that  was  granted  to  them  by the Dongan Patent. The trustees for the
    13  proprietors of the town of Southampton sold the last of the ocean  beach
    14  lands  owned  by  them  and  disbanded the board of trustees in 1882 and
    15  thereafter ceased to exist. The legislature enacted chapter 257  of  the
    16  laws  of  1892 and chapter 872 of the laws of 1896 authorizing the Trus-
    17  tees of the Freeholders and Commonalty of the town of Southampton, "from
    18  time to time, whenever in their judgment it shall become  necessary"  to
    19  determine  the  necessity and location of one or more inlets in the town
    20  of Southampton from the Atlantic Ocean to Shinnecock Bay, or into  Mecox
    21  Bay,  or into Sag Pond, and to exercise the power of eminent domain over
    22  ocean beaches in order to locate such inlet or inlets. For more  than  a
    23  century  the  courts  of this state have rendered inconsistent decisions
    24  with respect to the powers of the said trustees over the ocean  beaches.
    25  The  legislature  wishes  to  confirm  that the Proprietors' Trustees no
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07168-01-5

        A. 4660                             2
 
     1  longer exist, address the powers of the trustees of the Freeholders  and
     2  Commonalty  of  the town of Southampton in light of contemporary circum-
     3  stances, and clarify the application of chapter 255 of the laws of  1818
     4  and chapter 283 of the laws of 1831.
     5    § 2. The legislature confirms that the Trustees for the Proprietors of
     6  the town of Southampton, created by chapter 255 of the laws of 1818, are
     7  extinguished as a body politic.
     8    § 3. Notwithstanding any provisions of chapter 255 of the laws of 1818
     9  and chapter 283 of the laws of 1831 to the contrary, the trustees of the
    10  Freeholders  and  Commonalty  of  the town of Southampton have and shall
    11  continue to have the authority to  enforce  the  public's  easement  and
    12  access  upon the ocean beaches within the town of Southampton, including
    13  all rights of the public with respect to the said  ocean  beaches  which
    14  were  conferred  upon them by the Dongan Patent of 1686. The legislature
    15  recognizes that any authority over the ocean beaches that may have  been
    16  conferred upon the trustees for the proprietors of the town of Southamp-
    17  ton revert to the trustees of the Freeholders and Commonalty of the town
    18  of Southampton.
    19    §  4.  For the purposes of this act, "ocean beaches" shall be the area
    20  of the Atlantic Ocean beaches within the town of Southampton  that  lies
    21  between  the  crest  of  the primary dune and the high water mark of the
    22  Atlantic Ocean.
    23    § 5. The trustees of the Freeholders and Commonalty  of  the  town  of
    24  Southampton  shall  continue  to  have and exercise all of the rights of
    25  ownership over the waters of the town of Southampton  and  the  products
    26  thereof  that  they  had and exercised by virtue of the powers conferred
    27  upon them by the Dongan Patent, as well as the rights of ownership  over
    28  the said waters and the productions thereof that they were authorized to
    29  have  and exercise by chapter 255 of the laws of 1818 and chapter 283 of
    30  the laws of 1831.
    31    § 6. Nothing in this act shall be construed to take from the  trustees
    32  of  the Freeholders and Commonalty of the town of Southampton any of the
    33  powers conferred upon them by chapter 283 of the laws of 1831, including
    34  the power to make rules, orders and by-laws for the  management  of  the
    35  property  and  franchises  of  the  town;  to regulate their affairs; to
    36  impose penalties on any person offending against such rules,  orders  or
    37  by-laws;  and  to  appropriate  and  apply  the funds arising from their
    38  activities as they deem most proper to promote the interest of the town.
    39    § 7. Nothing in this act shall be construed as affecting any power  or
    40  authority  of  any  incorporated  village within the town of Southampton
    41  over lands, beaches, and waters within such villages,  pursuant  to  the
    42  village  law, the general municipal law, the municipal home rule law, or
    43  any other state law.
    44    § 8. This act shall take effect immediately.
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