Assembly Bill A10418

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 7496                                                 A. 10418

                      S E N A T E - A S S E M B L Y

                              May 29, 2012
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Local Governments

AN ACT in relation to the respective powers of the Trustees of the Free-
  holders and Commonalty of the Town  of  Southampton  relating  to  the
  rights of ownership and regulation over certain waters

  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  title
to  and  the power to regulate the 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 under-
water lands in the Town, their right to  regulate  the  said  underwater
lands 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 as a board of  trustees  in  or  about
1882  and thereafter ceased to exist.  Through the ensuing 150 years the
courts of this state have rendered inconsistent decisions  with  respect
to the interpretation of chapter 255 of the laws of 1818 and chapter 283
of the laws of 1831, and litigation is presently pending relating to the
interpretation  and  application  thereof; and the legislature wishes to
clarify the interpretation of such chapters.
  S 2. Notwithstanding any language of chapter 255 of the laws  of  1818
and chapter 283 of the laws of 1831 to the contrary, the Trustees of the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD15775-01-2

S. 7496                             2                           A. 10418

Freeholders  and  Commonalty  of  the Town of Southampton have and shall
continue to have the right to protect the  public's  easement  upon  the
ocean  beaches  within  the Town of Southampton, and to exercise for the
benefit  of  the people of the Town of Southampton all of the regulatory
powers with respect to the said ocean beaches which were conferred  upon
them  by  the Dongan Patent of 1686 and that they exercised prior to the
year 1818; and the legislature recognizes  that  any  regulatory  powers
over  the  ocean  beaches  which  by operation of the two said laws were
conferred upon the Trustees for the Proprietors of the Town of Southamp-
ton, reverted to the Trustees of the Freeholders and Commonalty  of  the
Town of Southampton after the year 1882.
  S  3.  The  Trustees for 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  regu-
lation  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.
  S 4. This act shall take effect immediately.