Relates to validating certain grants of lands and charters made by the king of Great Britain before October 14, 1775 and giving the legislature certain authority.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4076
SPONSOR: Thiele 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 Southamp-
ton, East Hampton and Southold in 1686 which instituted the first offi-
cial 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 estab-
lished pursuant to the Dongan Patent were affirmed in the first Consti-
tution of the State of New York that was enacted in 1777.
The Trustees of the Freeholders and Commonalty of the towns of Southamp-
ton, 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In 1963, an amendment to the Constitution inadvertently repealed some of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.
