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: 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.
