Clarifies certain powers of the trustees of the Freeholders and the Commonalty of the town of Southampton

Title of bill

An act in relation to clarifying certain powers of the trustees of the Freeholders and the Commonalty of the town of Southampton

Purpose

This legislation clarifies certain powers of the trustees of the Freeholders and the Commonalty of the town of Southampton.

Summary of provisions

Section 1. Legislative findings.

Section 2. The Legislature declares that the Trustees for the Proprietors of the town of Southampton, created by Chapter 255 of the Laws of 1818, no longer exist.

Section 3. Affirms that the trustees of the Freeholders and Commonalty of the town of Southampton shall continue to have the right to protect the public's easement upon the ocean beaches within the Town of Southampton, and to exercise for the benefit of the people of the Town all of the regulatory powers with respect to the said ocean beaches which were conferred upon them by the Dongan Patent of 1686 the rights of ownership and the powers to regulate the use of ocean beaches in the town.

Section 4. Clarifies that "ocean beaches", defined for the purposes of this act as 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.

Section 5. Affirms that the trustees of the Freeholders and Commonalty of the town of Southampton shall continue to have and exercise all of the rights of ownership and regulation 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 and that they had and exercised prior to the year 1818, as well as the rights of ownership and regulation 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.

Section 6. Upholds the powers of the trustees of the Freeholders and Commonalty of the town of Southampton that were conferred upon them by Chapter 283 of the Laws of 1831, including with limitation 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.

Section 7. Immediate effective date.

Justification

This legislation would clarify in statute the powers of the Trustees of Freeholders and Commonalty of the town of Southampton with respect to their rights to manage and protect the public easement to the ocean beaches located within the Town of Southampton and the rights of ownership and regulation over the Town waters and the products thereof. This legislation is necessary to allow the Trustees to carry out the duties they are charged with under the Dongan Patent of 1686, to protect certain lands, territories and waters of the Town of Southampton for the benefit of the residents, freeholders and taxpayers of the Town of Southampton.

Legislative history

2016: New Legislation

Fiscal implications

None to the State

Effective date

This act shall take effect immediately.