BILL NUMBER: S3396

SPONSOR: LAVALLE
 
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In 1963, as amendment to the Constitution inadvertently repealed some of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.