S T A T E   O F   N E W   Y O R K
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                                   1531
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02012-01-3
              

 A. 1531                             2
 
 longer  exist, address the powers of the trustees of the Freeholders and
 Commonalty of the town of Southampton 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  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. Nothing in this act shall be construed as affecting any power  or
 authority  of  any  incorporated  village within the town of Southampton
 over lands, beaches, and waters within such villages,  pursuant  to  the
 village  law, the general municipal law, the municipal home rule law, or
 any other state law.
   § 8. This act shall take effect immediately.