The New York State Assembly has given final passage to legislation that would include the Trustees of the Freeholders and Commonalty of the Town of Southampton, the Trustees of the Freeholders and Commonalty of the Town of East Hampton and the Trustees of the Freeholders and Commonalty of the Town of Southold as municipal corporations for the purposes of Section 72-h of the General Municipal Law.

Thiele stated, “Typically, the local governments can transfer land to other local governments for public purposes at no or reduced cost pursuant to Section 72-h of the General Municipal Law. For example, the County of Suffolk often will transfer lands it obtains through tax foreclosure to other local governments for purposes such as affordable housing or open space, where the county has no use for such property, if the local government obtaining the property simply pays the back taxes. This section states that land transfers may only be made to municipal corporations, which are defined as a county, town, village or fire district. While the Trustees of the Freeholders and Commonalty of the Town of Southampton, the Trustees of the Freeholders and Commonalty of the Town of East Hampton and the Trustees of the Freeholders and Commonalty of the Town of Southold are clearly local elected government bodies, they are not included in the definition. No doubt this was an oversight, because such Trustees were created by colonial patent and are unique to eastern Long Island. They would greatly benefit from the ability to receive land at no cost from the County or other local governments, to be placed under their stewardship. This legislation provides that for the purposes of Section 72-h of the General Municipal Law, the term "municipal corporation" shall include the Trustees of the Freeholders and Commonalty of the Town of Southampton, the Trustees of the Freeholders and Commonalty of the Town of East Hampton and the Trustees of the Freeholders and Commonalty of the Town of Southold.”

The bill also provides that real property received by such trustees pursuant to this act can not be sold, transferred, leased, exchanged or otherwise conveyed unless provided by an act of the Legislature.

The legislation is sponsored in the State Senate by State Senator Kenneth P. LaValle where it has already passed. The bill now goes to the Governor for approval.