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AB-2549 Tidelands and submerged lands: exchange agreements.(2017-2018)

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Date Published: 04/03/2018 09:00 PM
AB2549:v98#DOCUMENT

Amended  IN  Assembly  April 03, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 2549

Introduced by Assembly Member Mark Stone

February 15, 2018

An act to amend Section 6307 of the Public Resources Code, relating to tidelands and submerged lands.


LEGISLATIVE COUNSEL'S DIGEST


AB 2549, as amended, Mark Stone. Tidelands and submerged lands: exchange agreements.
Existing law authorizes the State Lands Commission to enter into an exchange, with any person or public entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that specified conditions are met. Existing law authorizes the commission to free the land or interest in land given in exchange from the public trust.
This bill would expressly authorize the commission, with regard to the above described exchange that involves any lands or interests in lands that a public entity holds title to pursuant to a legislative grant, to require that the a grantee, to convey lands or interest in lands be in that exchange in trust to, and held in title by, the grantee subject to the same public trust requirements and terms and conditions prescribed in the statute providing for the grant of those lands or interest in lands to the public entity. grantee. The bill would also require that the commission make all those exchange agreements, including descriptions of any land or interest in lands granted to a public entity transferred pursuant to such an exchange agreement, available on its Internet Web site.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 6307 of the Public Resources Code is amended to read:

6307.
 (a) The commission may enter into an exchange, with any person or any private or public entity, of filled or reclaimed tidelands and submerged lands or beds of navigable waterways, or interests in these lands, that are subject to the public trust for commerce, navigation, and fisheries, for other lands or interests in lands, if the commission finds that all of the following conditions are met:
(1) The exchange is for one or more of the purposes listed in subdivision (c).
(2) The lands or interests in lands to be acquired in the exchange will provide a significant benefit to the public trust.
(3) The exchange does not substantially interfere with public rights of navigation and fishing.
(4) The monetary value of the lands or interests in lands received by the trust in exchange is equal to or greater than that of the lands or interests in lands given by the trust in exchange.
(5) The lands or interest in lands given in exchange have been cut off from water access and no longer are in fact tidelands or submerged lands or navigable waterways, by virtue of having been filled or reclaimed, and are relatively useless for public trust purposes.
(6) The exchange is in the best interests of the state.
(b) Pursuant to an exchange agreement, the commission may free the lands or interest in lands given in exchange from the public trust and shall impose the public trust on the lands or interests in lands received in exchange.
(c) An exchange made by the commission pursuant to subdivision (a) shall be for one or more of the following purposes, as determined by the commission:
(1) To improve navigation or waterways.
(2) To aid in reclamation or flood control.
(3) To enhance the physical configuration of the shoreline or trust land ownership.
(4) To enhance public access to or along the water.
(5) To enhance waterfront and nearshore development or redevelopment for public trust purposes.
(6) To preserve, enhance, or create wetlands, riparian or littoral habitat, or open space.
(7) To resolve boundary or title disputes.
(d) The commission may release the mineral rights in the lands or interests in lands given in exchange if it obtains the mineral rights in the lands or interests in lands received in exchange.
(e) The grantee of any lands or interests in lands given in exchange may bring a quiet title action under Chapter 7 (commencing with Section 6461) of Part 1 of Division 6 of this code or Chapter 4 (commencing with Section 760.010) of Title 10 of Part 2 of the Code of Civil Procedure.
(f) (1) The commission may, with regard to any exchange subject pursuant to subdivision (a) that involves any lands or interest in lands that a public entity holds title to pursuant to a legislative grant, require that a grantee, convey lands or interests in lands acquired in that exchange be conveyed in trust to, and held in title by, the public entity grantee subject to the same public trust requirements, and terms and conditions prescribed in the statute or statutes providing for the grant of those lands or interest in those lands to the public entity. grantee.
(2) The commission shall make any exchange agreement covered under this subdivision, including descriptions of any land or interest in land granted to a public entity pursuant to that exchange agreement, available on its Internet Web site.