Senate Bill S7186

                                 BILL NUMBER:  S7186

 TITLE OF BILL :  CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 1 of the constitution, in relation
to validating certain grants of land and charters made by the king of
Great Britain before October 14, 1775 and giving the legislature the
authority to enact laws to implement this section

 PURPOSE :

Relates to validating certain grants of lands and charters in the
towns of Southampton, East Hampton and Southold.

 SUMMARY OF PROVISIONS :

Section 1. Upon the concurrence of the Assembly and Senate, Article 1
of the Constitution be amended by adding a new section 15 to validate
certain grants of land and charters made by the King of Great Britain
before October 14, 1775 and giving the Legislature the authority to
enact laws to implement this section.

Section 2. Upon concurrence by the Assembly and Senate, this amendment
be referred to the first regular Legislative Session convening after
the next succeeding general election of members, and, in conformity
with section 1 of Article 19 of the Constitution, be published for 3
months previous to the time of such election.
              

 JUSTIFICATION :

King James II of England by virtue of the Dongan Patent, established
the Trustees of the Freeholders and Commonalty o the towns of
Southampton, East Hampton and Southold in 1686 which instituted the
first official governing bodies in these towns. The patent created the
towns' Boards of Trustees and charged them with the stewardship of
thousands of acres of undivided, colonial-era lands consisting mostly
of shores, water ways, marshes and bottomlands. The rights for the
Trustees established pursuant to the Dongan Patent were affirmed in
the first constitution of the State of New that was enacted in 1777.

The Trustees of the Freeholders and Commonalty of the towns of
Southampton, East Hampton and Southold of Southampton are among the
oldest governing bodies in North America. The towns' Trustees exist
separately from Town Boards, which were created by the New York State
Legislature under Constitutional authority in 1909.

In 1963, as amendment to the Constitution inadvertently repealed some
of the provisions relating to colonial patents without the realization
that colonial grants were still being administered by the Trustees of
the town of Southampton, East Hampton and Southold. Over the years,
this action has resulted conflicting interpretations of the authority
conferred to such town Trustees with respect to the rights of
ownership and regulation over certain lands within the towns. This
Constitutional amendment would restore and validate the rightful
powers of the Trustees o Freeholders and Commonalty of the towns of
Southampton, East Hampton and Southold by the Dongan Patent in 1686.

 LEGISLATIVE HISTORY :

New legislation.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Upon concurrence by the Assembly and Senate, this amendment be
referred to the first regular Legislative Session convening after the
next succeeding general of members, and, inconformity with section 1
of article 19 of the Constitution, be published for 3 months previous
to the time of such election.