Relates to validating certain grants of lands and charters

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In 1963, as amendment to the Constitution inadvertently repealed some of the provisions relating to colonial patents without the realization that colonial grants were still being administered by the Trustees of the town of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.