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Senate Bill S7496

2011-2012 Legislative Session

Relates to the respective powers of the Trustees of the Freeholders and Commonalty of the town of Southampton relating to the rights of ownership and regulation over certain waters

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

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2011-S7496 (ACTIVE) - Details

See Assembly Version of this Bill:
A10418
Current Committee:
Senate Local Government
Law Section:
Suffolk County

2011-S7496 (ACTIVE) - Summary

Relates to the respective powers of the Trustees of the Freeholders and Commonalty of the town of Southampton relating to the rights of ownership and regulation over certain waters.

2011-S7496 (ACTIVE) - Sponsor Memo

2011-S7496 (ACTIVE) - Bill Text download pdf 

                            
                    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.

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