BILL NUMBER: SB 968 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2014
INTRODUCED BY Senator Hill
FEBRUARY 10, 2014
An act to add Section 6213.5 to the Public Resources Code,
relating to public lands.
LEGISLATIVE COUNSEL'S DIGEST
SB 968, as amended, Hill. Public lands: Martin's Beach property:
access road.
(1) Existing law establishes the State Lands Commission in the
Natural Resources Agency and prescribes the functions and duties of
the commission. Under existing law, the commission has jurisdiction
over various state lands, including coastal lands. Existing law
authorizes the commission to acquire a right-of-way or easement
across private land in certain circumstances.
This bill would require the commission to consult, and enter into
any necessary negotiations, with the owners of a specified property
known as the Martin's Beach property, as described, in the
unincorporated area of the County of San Mateo, to acquire
all or a portion of that property a
right-of-way or easement for the creation of a specified public
access road route on the property,
including the sandy beach. If the commission is unable to reach an
agreement to acquire all or a portion of the Martin's Beach
property that right-of-way or easement by
January 1, 2016, the bill would require the commission to acquire
all or a portion of that property, as described, by eminent
domain , by eminent domain, a right-of-way or easement
for the creation of that public access route to and along
the shoreline, including the sandy beach, at Martin's Beach,
as prescribed. The bill would require the commission to consult
and enter into negotiation s with local stakeholders, as
described, to address the ongoing management and operation of any
property acquired pursuant to these provisions.
(2) The bill would declare that due to the unique circumstances
and features of the Martin's Beach property, a general statute within
the meaning of specified provisions of the California Constitution
cannot be made applicable and a special statute is necessary.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares all of the
following:
(a) Section 4 of Article X of the California Constitution mandates
that no individual shall be permitted to exclude the right-of-way to
coastal waters of the state whenever it is required for any public
purpose.
(b) Section 4 of Article X of the California Constitution further
mandates that "the Legislature shall enact such laws as will give the
most liberal construction to this beach access] provision, so
that access to the navigable waters of this State shall be always
attainable for the people thereof."
(c) The California Coastal Act of 1976 (Division 20 (commencing
with Section 30000) of the Public Resources Code) was enacted, in
part, to maximize constitutionally protected public access to and
along the coast.
(d) Martins Beach Road transects a 53-acre property at 22325
Cabrillo Highway in San Mateo County.
(e) Martins Beach Road is the only terrestrial access to Martin's
Beach, a 200-acre an approximately 20-acre
sandy beach that is a significant local coastal resource that
has been accessible to local residents and visitors for more than 100
years.
(f) The unique geography and tidal regime at Martin's Beach make
it exceptionally valuable for surfing, fishing, and swimming.
(g) From early in the 20th century until 2008, public access to
Martin's Beach via Martins Beach Road off of Highway 1 south of Half
Moon Bay had been allowed for recreational use.
(h) Generations of families have enjoyed public access to Martin's
Beach, which has contributed to the local economy.
(i) The recent sale and subsequent closure of Martin's Beach
eliminated this historic access and has cut off a large sandy beach
that had for decades been open to visitors, including families,
surfers, fishermen, tourists, and beach goers.
(j) The closure of beach access at Martin's Beach is now the
subject of two separate lawsuits filed in San Mateo County Superior
Court.
SEC. 2. Section 6213.5 is added to the Public Resources Code, to
read:
6213.5. (a) Notwithstanding any other law, the
The commission shall consult, and enter into any
necessary negotiations, with the owners of the property known as
Martin's Beach, consisting of two parcels of land, APN: 066-330-230
and APN: 066-330-240, in the unincorporated area of the County of San
Mateo, to acquire all or a portion of that property
a right-of-way or easement pursuant to Section 6210.9
for the creation of a public access road
route to and along the shoreline, including the sandy
beach, at Martin's Beach at the South Cabrillo Highway.
(b) If the commission is unable to reach an agreement to acquire
all or a portion of the Martin's Beach property,
a right-of-way or easement pursuant to subdivision (a), by
January 1, 2016, it shall acquire all or a portion of that
property , by eminent domain, a
right-of-way or easement pursuant to Section 6210.9 for the
creation of a public access road route
to and along the shoreline, including the sandy beach, at Martin's
Beach at the South Cabrillo Highway by eminent domain
, in accordance with the procedures set forth in
Article 2 (commencing with Section 1245.210) of Chapter 4
of Title 7 (commencing with Section 1230.170) of
Part 3 of the Code of Civil Procedure.
(c) The commission shall consult and enter into negotiations with
local stakeholders, including, but not limited to, local and regional
governments and governmental entities, to address the ongoing
management and operation of any property acquired pursuant to this
section.
SEC. 3. Due to the unique circumstances and features of the Martin'
s Beach property, the Legislature finds and declares that a general
statute cannot be made applicable within the meaning of Section 16 of
Article IV of the California Constitution. Therefore, the special
legislation contained in Section 1 2 of
this act is only applicable to that property in the County of San
Mateo.