Includes the trustees of the freeholders and commonalty of the towns of Southampton, East Hampton and Southold as municipal corporations for the purposes of section 72-h of the general municipal law

BILL NUMBER:S1759

Title of bill

An act in relation to including the trustees of the Freeholders and Commonalty of the town of Southampton, trustees of the Freeholders and Commonalty of the town of East Hampton and the trustees of the Freeholders and Commonalty of the town of Southold as municipal corporations for the purposes of section 72-h of the general municipal law; and providing for the repeal of certain provisions upon expiration thereof

Purpose

To include the trustees of the Freeholders and Commonalty of the Town of Southampton, the trustees of the Freeholders and Commonalty of the Town of East Hampton and the trustees of the Freeholders and Commonalty of the Town of Southold as municipal corporations for the purposes of Section 72-h of the General Municipal Law.

Summary of provisions

Section 1. Provides that for the purposes of Section 72-h of the General Municipal Law, the term "municipal corporation" shall include: (a) the trustees of the Freeholders and Commonalty of the Town of Southampton; (b) the trustees of the Freeholders and Commonalty of the Town of East Hampton; and (c) the trustees of the Freeholders and Commonalty of the Town of Southold. Provided that for purposes of Section 72-h of the General Municipal Law, such trustees shall only be authorized to acquire interest in real property that is located within the town that such trustees represent. Real property sold, transferred, leased, exchanged or otherwise conveyed pursuant to this act shall not include real property which is made inalienable under the provisions of any general, special, common, or local law or of any charter.

Section 2. Provides that real property received by such trustees pursuant to this act shall not be sold, transferred, leased, exchanged or otherwise conveyed unless provided by an act of the Legislature.

Section 3. Effective immediately, provided that Section one of this act shall expire and be deemed repealed July 31, 2015.

Justification

Typically, the County of Suffolk transfers land pursuant to Section 72-h of the General Municipal Law. This section states that land transfers only occur to municipal corporations, which through definition are limited to county, town and village government. While not a taxing jurisdiction, the trustees of the Freeholders and Commonalty of the Town of Southampton, the trustees of the Freeholders and Commonalty of the Town of East Hampton and the trustees of the Freeholders and Commonalty of the Town of Southold are clearly a form of local elected government and would greatly benefit from the ability to receive land at no cost from the County to be placed under their stewardship. This legislation would provide that for the purposes of Section 72-h of the General Municipal Law, the term "municipal corporation" shall include the trustees of the Freeholders and Commonalty of the Town of Southampton, the trustees of the Freeholders and Commonalty of the Town of East Hampton and the trustees of the Freeholders and Commonalty of the Town of Southold.

Legislative history

2012 S.6917.

Fiscal implications

None to the State.

Effective date

This act shall take effect immediately; provided that Section one of this act shall expire and be deemed repealed July 31, 2015.