New York A 4660: Relates to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk

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A04660 Summary:

BILL NOA04660 

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SAME ASSAME AS S02701

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SPONSORSchiavoni

&nbsp

COSPNSR

&nbsp

MLTSPNSR

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&nbsp

Relates to the trustees of the Freeholders and the Commonalty of the town of Southampton, county of Suffolk; provides that 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; defines "ocean beaches".

Go to top A04660 Actions:

BILL NOA04660 

&nbsp

02/04/2025referred to local governments

01/07/2026referred to local governments

Go to topA04660 Committee&nbspVotes:

Go to topA04660 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04660 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4660

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. SCHIAVONI -- 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 Assem-
 bly, do enact as follows:

 1 Section 1. Legislative findings. The legislature enacted chapter 255
 2 of the laws of 1818 and chapter 283 of the laws of 1831, addressing the
 3 respective powers of the trustees of the Freeholders and Commonalty of
 4 the town of Southampton, a body politic created by the Dongan Patent of
 5 1686, and the trustees for the proprietors of the town of Southampton, a
 6 body created by chapter 255 of the laws of 1818, with respect to the
 7 title to and use of the ocean beaches in the town, and further, to make
 8 clear the continuing ownership of the trustees of the Freeholders and
 9 Commonalty of the town of Southampton of the underwater lands in the
 10 town and the taking of the products thereof, and their right to protect
 11 the public's right to use and enjoy the easement upon the ocean beaches
 12 that was granted to them by the Dongan Patent. The trustees for the
 13 proprietors of the town of Southampton sold the last of the ocean beach
 14 lands owned by them and disbanded the board of trustees in 1882 and
 15 thereafter ceased to exist. The legislature enacted chapter 257 of the
 16 laws of 1892 and chapter 872 of the laws of 1896 authorizing the Trus-
 17 tees of the Freeholders and Commonalty of the town of Southampton, "from
 18 time to time, whenever in their judgment it shall become necessary" to
 19 determine the necessity and location of one or more inlets in the town
 20 of Southampton from the Atlantic Ocean to Shinnecock Bay, or into Mecox
 21 Bay, or into Sag Pond, and to exercise the power of eminent domain over
 22 ocean beaches in order to locate such inlet or inlets. For more than a
 23 century the courts of this state have rendered inconsistent decisions
 24 with respect to the powers of the said trustees over the ocean beaches.
 25 The legislature wishes to confirm that the Proprietors' Trustees no

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD07168-01-5

 A. 4660 2

 1 longer exist, address the powers of the trustees of the Freeholders and
 2 Commonalty of the town of Southampton in light of contemporary circum-
 3 stances, and clarify the application of chapter 255 of the laws of 1818
 4 and chapter 283 of the laws of 1831.
 5 § 2. The legislature confirms that the Trustees for the Proprietors of
 6 the town of Southampton, created by chapter 255 of the laws of 1818, are
 7 extinguished as a body politic.
 8 § 3. Notwithstanding any provisions of chapter 255 of the laws of 1818
 9 and chapter 283 of the laws of 1831 to the contrary, the trustees of the
 10 Freeholders and Commonalty of the town of Southampton have and shall
 11 continue to have the authority to enforce the public's easement and
 12 access upon the ocean beaches within the town of Southampton, including
 13 all rights of the public with respect to the said ocean beaches which
 14 were conferred upon the