BILL ANALYSIS                                                                                                                                                                                                    Ó





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          |                                                                 |
          |         SENATE COMMITTEE ON NATURAL RESOURCES AND WATER         |
          |                   Senator Fran Pavley, Chair                    |
          |                    2011-2012 Regular Session                    |
          |                                                                 |
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          BILL NO:  SB 1577                  HEARING DATE: April 24, 2012
          AUTHOR: SNRW Committee             URGENCY: No  
          VERSION: As introduced             CONSULTANT: Alena Pribyl  
          DUAL REFERRAL: No                  FISCAL: Yes  
          SUBJECT: Land exchange.
          
          BACKGROUND AND EXISTING LAW
          Early in its history, the California Legislature statutorily 
          transferred tide and submerged lands in trust to cities and 
          counties, which were then required to develop harbors to further 
          state and national commerce. These lands are monitored by the 
          State Lands Commission to ensure uses are consistent with the 
          public trust. The dynamic nature of the interface of waterways 
          (ocean, rivers, bays, lakes, etc.) with adjoining lands makes 
          the determination of the common boundaries between public trust 
          lands and private property a complex issue. In addition, because 
          many early land descriptions and surveys were vague or faulty, 
          great confusion can arise as to property rights along waterways. 
           To meet these problems, the Commission has developed programs 
          to establish boundaries between public and private lands. 
          Research has concentrated on assembling data from historic maps 
          and surveys, libraries and archives, interviews with historians 
          and long-time residents of the affected areas, and recent 
          on-site surveys. The result of such studies for a particular 
          parcel of land may be a "boundary line agreement" or a 
          negotiated "title settlement" in which the State's interest in 
          the parcel is exchanged for other land or monies for future land 
          acquisitions.

          This land exchange settles a title dispute for a parcel of land 
          between 15th and 18th streets on the south end of Newport Bay 
          called Marina Park.  The land was originally swampland, but was 
          later filled by the Army Corp of Engineers. Due to various land 
          transactions of the property in question over the years, both 
          the City and the State Lands Commission have laid claims to the 
          land. Some of this land has been the site of a mobile home park 
          since the 1950s. In 1997, the Commission contacted the City of 
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          Newport Beach to let them know this use of the land was not 
          consistent with the public trust doctrine. The City had wanted 
          to develop the area into an expanded public marina, community 
          center, sailing center, beachfront park and parking area, which 
          the Commission agreed was consistent with the public trust 
          doctrine. Both parties agreed this was a good time to settle the 
          title dispute over the Marina Park land.

          In this agreement, the City and the Commission establish an 
          agreed Common Boundary Line within the Marina Park subject 
          property. The Commission will terminate all property and public 
          trust interests in land south of the boundary (Trust Termination 
          Parcels) to the City.  In exchange, the Commission will acquire 
          all the property north of the boundary line, in trust (Public 
          Trust Parcel; where the mobile home park is now). The Commission 
          will lease the Public Trust Parcel to the City, who will act as 
          a Trustee for the Public Trust Parcel.



          PROPOSED LAW
          Land exchange: This bill puts language into statute for a land 
          exchange between the State Lands Commission and the City of 
          Newport Beach.

          ARGUMENTS IN SUPPORT
          The title settlement and land exchange agreement was approved by 
          the Commission on September 1, 2011 and signed by the Governor 
          on January 13, 2012. The agreement includes a provision that the 
          Commission and The City will pursue legislation to include the 
          required public trust parcel in the city's statutory trust 
          grant. This bill fulfills this commitment by including the final 
          public trust parcel in the City of Newport Beach's statutory 
          trust grant.

          ARGUMENTS IN OPPOSITION
          None received

               
          SUPPORT
          State Lands Commission

          OPPOSITION
          None Received



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