NY State Senate Bill 2021-S7529A

Senate Bill S7529A

2021-2022 Legislative Session

Relates to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk

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Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 18, 2022	print number 7529a
Apr 18, 2022	amend and recommit to local government
Jan 05, 2022	referred to local government
Nov 17, 2021	referred to rules

Bill Amendments

Original

A (Active)

2021-S7529 - Details

See Assembly Version of this Bill:: A8476
Current Committee:: Senate Local Government
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4117, A4838
2019-2020: S3730, A5523
2023-2024: S2156, A1531

2021-S7529 - Summary

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".

2021-S7529 - Sponsor Memo

                                 
BILL NUMBER: S7529

SPONSOR: PALUMBO
 
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 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.

Sec:ion 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. Sets for the 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.

 
LEGISLATIVE HISTORY:

2019-20:S.3730/A.5523
2017-18:S.4117/A.4838
2016:S.7259/A.9823

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2021-S7529 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7529                                                  A. 8476
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Rules
 
 IN  ASSEMBLY  -- 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:
 
   Section  1.  Legislative findings. The legislature enacted chapter 255
 of the laws of 1818 and chapter 283 of the laws of 1831, addressing  the
 respective  powers  of the trustees of the Freeholders and Commonalty of
 the town of Southampton, a body politic created by the Dongan Patent  of
 1686, and the trustees for the proprietors of the town of Southampton, a
 body  created  by  chapter  255 of the laws of 1818, with respect to the
 title to and use of the ocean beaches in the town, and further, to  make
 clear  the  continuing  ownership of the trustees of the Freeholders and
 Commonalty of the town of Southampton of the  underwater  lands  in  the
 town  and the taking of the products thereof, and their right to protect
 the public's right to use and enjoy the easement upon the ocean  beaches
 that  was  granted  to  them  by the Dongan Patent. The trustees for the
 proprietors of the town of Southampton sold the last of the ocean  beach
 lands  owned  by  them  and  disbanded the board of trustees in 1882 and
 thereafter ceased to exist. The Legislature enacted chapter 257  of  the
 laws  of  1892 and chapter 872 of the laws of 1896 authorizing the Trus-
 tees of the Freeholders and Commonalty of the town of Southampton, "from
 time to time, whenever in their judgment it shall become  necessary"  to
 determine  the  necessity and location of one or more inlets in the town
 of Southampton from the Atlantic Ocean to Shinnecock Bay, or into  Mecox
 Bay,  or into Sag Pond, and to exercise the power of eminent domain over
 ocean beaches in order to locate such inlet or inlets. For more  than  a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13526-02-1

 S. 7529                             2                            A. 8476
 
 century  the  courts  of this state have rendered inconsistent decisions
 with respect to the powers of the said trustees over the ocean  beaches.
 The  legislature  wishes  to  confirm  that the Proprietors' Trustees no
 longer  exist, address the powers of the trustees of the Freeholders and
 Commonalty of the town of Southhampton in light of contemporary  circum-
 stances,  and clarify the application of chapter 255 of the laws of 1818
 and chapter 283 of the laws of 1831.
   § 2. The Legislature confirms that the Trustees for the Proprietors of
 the town of Southampton, created by chapter 255 of the laws of 1818, are
 extinguished as a body politic.
   § 3. Notwithstanding any provisions of chapter 255 of the laws of 1818
 and chapter 283 of the laws of 1831 to the contrary, 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.  The  legislature
 recognizes  that any authority over the ocean beaches that may have been
 conferred upon the trustees for the proprietors of the town of Southamp-
 ton revert to the trustees of the Freeholders and Commonalty of the town
 of Southampton.
   § 4. For the purposes of this act, "ocean beaches" shall be  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.
   §  5.  The  trustees  of the Freeholders and Commonalty of the town of
 Southampton shall continue to have and exercise all  of  the  rights  of
 ownership  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, as well as the rights of ownership over
 the said waters and the productions thereof that they were authorized to
 have and exercise by chapter 255 of the laws of 1818 and chapter 283  of
 the laws of 1831.
   §  6. Nothing in this act shall be construed to take from the trustees
 of the Freeholders and Commonalty of the town of Southampton any of  the
 powers conferred upon them by chapter 283 of the laws of 1831, including
 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 appropriate and  apply  the  funds  arising  from  their
 activities as they deem most proper to promote the interest of the town.
   § 7. This act shall take effect immediately.

2021-S7529A (ACTIVE) - Details

See Assembly Version of this Bill:: A8476
Current Committee:: Senate Local Government
Law Section:: Suffolk County
Versions Introduced in Other Legislative Sessions:: 2017-2018: S4117, A4838
2019-2020: S3730, A5523
2023-2024: S2156, A1531

2021-S7529A (ACTIVE) - Summary

2021-S7529A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7529A

SPONSOR: PALUMBO
 
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 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 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:

2020 S.3730/A.5523; 2018 S.4117/A.4838; 2016 S.7259/A.9823

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately.

2021-S7529A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7529--A                                            A. 8476--A
 
                        2021-2022 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 IN SENATE -- Introduced by Sen. PALUMBO -- read twice and ordered print-
   ed,  and  when  printed  to  be committed to the Committee on Rules --
   recommitted to the Committee on Local Government  in  accordance  with
   Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
   to  the Committee on Local Governments -- recommitted to the Committee
   on Local Governments in accordance with Assembly Rule  3,  sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 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:
 
   Section  1.  Legislative findings. The legislature enacted chapter 255
 of the laws of 1818 and chapter 283 of the laws of 1831, addressing  the
 respective  powers  of the trustees of the Freeholders and Commonalty of
 the town of Southampton, a body politic created by the Dongan Patent  of
 1686, and the trustees for the proprietors of the town of Southampton, a
 body  created  by  chapter  255 of the laws of 1818, with respect to the
 title to and use of the ocean beaches in the town, and further, to  make
 clear  the  continuing  ownership of the trustees of the Freeholders and
 Commonalty of the town of Southampton of the  underwater  lands  in  the
 town  and the taking of the products thereof, and their right to protect
 the public's right to use and enjoy the easement upon the ocean  beaches
 that  was  granted  to  them  by the Dongan Patent. The trustees for the
 proprietors of the town of Southampton sold the last of the ocean  beach
 lands  owned  by  them  and  disbanded the board of trustees in 1882 and
 thereafter ceased to exist. The legislature enacted chapter 257  of  the
 laws  of  1892 and chapter 872 of the laws of 1896 authorizing the Trus-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13526-03-2

 S. 7529--A                          2                         A. 8476--A
 
 tees of the Freeholders and Commonalty of the town of Southampton, "from
 time to time, whenever in their judgment it shall become  necessary"  to
 determine  the  necessity and location of one or more inlets in the town
 of  Southampton from the Atlantic Ocean to Shinnecock Bay, or into Mecox
 Bay, or into Sag Pond, and to exercise the power of eminent domain  over
 ocean  beaches  in order to locate such inlet or inlets. For more than a
 century the courts of this state have  rendered  inconsistent  decisions
 with  respect to the powers of the said trustees over the ocean beaches.
 The legislature wishes to confirm  that  the  Proprietors'  Trustees  no
 longer  exist, address the powers of the trustees of the Freeholders and
 Commonalty of the town of Southampton in light of  contemporary  circum-
 stances,  and clarify the application of chapter 255 of the laws of 1818
 and chapter 283 of the laws of 1831.
   § 2. The legislature confirms that the Trustees for the Proprietors of
 the town of Southampton, created by chapter 255 of the laws of 1818, are
 extinguished as a body politic.
   § 3. Notwithstanding any provisions of chapter 255 of the laws of 1818
 and chapter 283 of the laws of 1831 to the contrary, 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.  The  legislature
 recognizes  that any authority over the ocean beaches that may have been
 conferred upon the trustees for the proprietors of the town of Southamp-
 ton revert to the trustees of the Freeholders and Commonalty of the town
 of Southampton.
   § 4. For the purposes of this act, "ocean beaches" shall be  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.
   §  5.  The  trustees  of the Freeholders and Commonalty of the town of
 Southampton shall continue to have and exercise all  of  the  rights  of
 ownership  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, as well as the rights of ownership over
 the said waters and the productions thereof that they were authorized to
 have and exercise by chapter 255 of the laws of 1818 and chapter 283  of
 the laws of 1831.
   §  6. Nothing in this act shall be construed to take from the trustees
 of the Freeholders and Commonalty of the town of Southampton any of  the
 powers conferred upon them by chapter 283 of the laws of 1831, including
 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 appropriate and  apply  the  funds  arising  from  their
 activities as they deem most proper to promote the interest of the town.
   §  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 law.
   § 8. This act shall take effect immediately.

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