Assembly Bill A9823

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

    S. 7259                                                  A. 9823

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

                             April 12, 2016
                               ___________

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 clarifying certain powers of the trustees  of  the
  Freeholders and the Commonalty of the town of Southampton

  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.
  The Legislature enacted chapter 257 of the laws of  1892  and  chapter
872  of the laws of 1896 authorizing the Trustees 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.

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

                                                           LBD14253-03-6

S. 7259                             2                            A. 9823

  For more than a century the courts of this state have rendered  incon-
sistent  decisions  with  respect  to  the regulatory powers of the said
trustees over the ocean beaches.
  The  legislature  wishes to take account of the fact that the Proprie-
tors' Trustees are no longer in existence, address  the  powers  of  the
trustees  of  the Freeholders and Commonalty of the town of Southhampton
in light of contemporary circumstances, and clarify the  application  of
chapter 255 of the laws of 1818 and chapter 283 of the laws of 1831.
  S 2. The Legislature declares that the Trustees for the Proprietors of
the  town of Southampton, created by chapter 255 of the laws of 1818, no
longer exist.
  S 3. 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
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, by, among other things,
exercising 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. The legislature recognizes that any
regulatory powers over the ocean beaches that by operation  of  the  two
said  laws may have been conferred upon the trustees for the proprietors
of the town of Southampton, reverted to the trustees of the  Freeholders
and Commonalty of the town of Southampton after the year 1882.
  S  4.  For the purposes of this act, "ocean beaches" shall be the area
of the Atlantic Ocean beaches within the town  of  Southampton,  whether
within  or  without an incorporated village, that lies between the crest
of the primary dune and the high water mark of the Atlantic Ocean.
  S 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 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 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
without 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 appropriate and apply the funds arising from
their activities as they deem most proper to promote the interest of the
town.
  S 7. This act shall take effect immediately.