Today's Law As Amended


Bill PDF |Add To My Favorites | print page

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



As Amends the Law Today


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 tide 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 pursuant to subdivision (a) that involves a grantee, convey lands or interests in lands 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 or statutes providing for the grant of lands or interest in lands to the 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.