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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