What's happening
This bill confirms the dissolution of the Proprietors' Trustees and clarifies the powers and public beach access authority of the Southampton Trustees.
Why it matters
Clarifies longstanding legal confusion. by officially confirming that the "Proprietors' Trustees" (a defunct entity since 1882) no longer exist, resolving over a century of legal ambiguity that has led to inconsistent court decisions about who controls the ocean beaches.
Strengthens public beach access and local control. by affirming that the Trustees of the Freeholders and Commonalty of Southampton—not private interests—have the power to enforce the public’s right to use and access the town’s ocean beaches, anchoring this authority in both historic patents and modern law.
Preserves traditional environmental and property management powers. by restating and protecting the trustees’ rights to manage underwater lands and beach areas, regulate their use, and enact rules or penalties to safeguard these resources for the benefit of the community.
Prevents unintended loss of local authority. by ensuring that none of the trustees’ established powers under historic and existing laws—such as making by-laws, controlling funds, or managing town property—are diminished by this legislative update, maintaining strong local stewardship over vital coastal resources.
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Who cares
Headline styles
Protect Southampton Beach Access
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to local government
- Referred to local government
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.
Protect Southampton Beach Access
In Assembly Committee · Local Governments · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 4117 A. 4838
2017-2018 Regular Sessions
SENATE - ASSEMBLY
February 3, 2017
IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
IN ASSEMBLY -- 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 Assembly, 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 Trustees 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07623-01-7
S. 4117 2 A. 4838
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 longer exist, address the powers of the trustees of the Freeholders and Commonalty of the town of Southhampton in light of contemporary circumstances, 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 Southampton 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, 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.
§ 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. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act in relation to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk
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 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.
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: A.9823/S.7259
Fiscal implications
None to the State
Effective date
This act shall take effect immediately.
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