What's happening
This bill proposes a constitutional amendment to protect pre-1775 British land grants and charters in New York and allows legislative implementation.
Why it matters
Secures the validity of land grants and charters issued by the British Crown before the American Revolution. , potentially impacting property rights and legal disputes over old land titles and corporate charters that trace back to colonial times.
Prevents the New York State Constitution from being used to challenge or overturn these historic grants and charters. , offering long-term legal certainty for individuals, organizations, or institutions whose property rights originate with pre-1775 British documents.
Empowers the state legislature to pass laws to clarify or implement the protection of these historic titles and charters. , meaning future legislative action could further define or expand how these colonial-era rights are recognized and enforced.
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Who cares
Headline styles
Recognize Old Land Grants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Validate Colonial Land Grants
In Assembly Committee · Judiciary · Sponsor Fred Thiele
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3723
2017-2018 Regular Sessions
IN SENATE
January 26, 2017
Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
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
Section 1. Resolved (if the Assembly concur), That article 1 of the constitution be amended by adding a new section 15 to read as follows:
§ 15. Nothing contained in this constitution shall affect any grants of land within this state, before October 14, 1775, made by the king of Great Britain or persons acting under his authority, or his predecessors, or shall annul any charters to bodies politic and corporate. The legislature shall have the authority to enact laws necessary and proper to implement to provisions of this section.
§ 2. Resolved (if the Assembly concur), That the following amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89040-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 b 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 o 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 of 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 of the Trustees established pursuant to the Dongan Patent were affirmed in the first Constitution of the State of New York 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, an 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 towns 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 of Freeholders and Commonalty of the towns of Southampton, East Hampton and Southold granted by the Dongan Patent in 1686.
Legislative history
2016: A.9793/S.7186
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 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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.