B968 Appropriations Analysis // Assembly Committee on Appropriations
Excerpts from the Assembly Committee on Appropriations SB968
Prepared by: Jennifer Galehouse and Joel Tashjian
1) Potentialone-time GFcosts, in the several millions to tens of millions of dollars range if the SLC purchases a right-of-way or easement
2) Potential ongoing GF costs for the operations and maintenance if SLC purchases a right-of way or easement.
In a 1984 Supreme Court decision, the court held that the public trust doctrine to determine the applicability of the constitutional provision on public access does not apply to an area of tide and submerged lands if all the following apply:
a) The tide and submerged lands were part of a Mexican land grant (i.e., grants issued to individuals by the Mexican Governor of California prior to the Treaty of Guadalupe Hidalgo in 1848);
b) Those lands were patented by the federal government through a process established to protect the property rights of Mexican landowners, which was an obligation the U.S. committed to under the Treaty of Guadalupe Hidalgo; and
c) The federal patent was confirmed without any mention of a public trust easement.
…Furthermore, any acquisition of easement or access by way Of condemnation may require the state to compensate the property owner for use of the beach and submerged tidelands in addition to the access road. There is no precedent for state acquisition of such a property interest, the cost of which is unknown but could be very substantial.
Read the Full SB 968 Appropriations Analysis.