What's happening
This bill proposes a constitutional amendment to validate pre-1775 British land grants and charters, and gives the legislature authority to implement related laws.
Why it matters
Could secure land titles and charters. granted before the American Revolution, reducing legal uncertainty for descendants or current holders of property originally deeded by British authorities.
Might impact ongoing or future property disputes. involving old grants, potentially overriding state constitutional challenges and strengthening the legal standing of those claiming rights under pre-1775 documents.
Gives the state legislature explicit power. to pass laws that clarify or implement these protections, which could affect local land use, development rights, or recognition of historic corporate charters.
Could influence tribal land claims or historical land controversies. where British-era grants and charters are part of the dispute, potentially limiting challenges based on the state constitution.
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Who cares
Headline styles
Validate Old Land Grants
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Opinion referred to judiciary
- 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 Old 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
3396
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
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.
LBD89029-01-9
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 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 pursu- ant 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
2017-18 S.3723/A.4076; 2016 S.7186/A.9793.
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 arti- cle 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.