Senate Bill S4117

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4117                                                  A. 4838
 
                        2017-2018 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 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 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07623-01-7

 S. 4117                             2                            A. 4838
 
 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 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,  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.
   § 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.