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".
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1531
SPONSOR: Thiele 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 OR GENERAL IDEA OF BILL:
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 exists.
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 with were
conferred upon them by the Dongan Patent of 1686 the rights of ownership
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 and 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 law, or
any other state laws.
Section 8. Immediate Effective Date.
JUSTIFICATION:
This legislation would clarify in statute the powers of the Trustees of
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.
PRIOR LEGISLATIVE HISTORY:
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 FOR STATE AND LOCAL GOVERNMENTS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1531
2023-2024 Regular Sessions
IN ASSEMBLY
January 17, 2023
___________
Introduced by M. of A. THIELE -- 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.
LBD02012-01-3
A. 1531 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.
