Print ArticleSACRAMENTO – A bill that would ensure protected Public Trust Lands remain out of the hands of private developers has passed out of the State Assembly.
Assembly Bill 1832 would repeal statues that, in violation of constitutional prohibitions, allowed cities to grant state tidelands to the U.S. Government without Public Trust use restrictions. This puts these public lands at risk of being conveyed to private interests.
"Tidelands are set aside for the benefit of the citizens of California," Saldaña said "Protecting these Public Trust Lands has made public beaches, marinas, recreational and commercial fishing, water recreation and a flourishing tourism industry possible on California´s waterfronts."
Tidelands originally became state property when California joined the Union in 1850. Since 1870, the California State Constitution has prohibited the outright sale of tidelands and has restricted their development to assure public access for water related activities, including fishing, shipping and boating, recreational and sporting uses, tourism, and natural resource preservation.
These common-law protections - which extend to submerged lands, lake beds, streams and other navigable waterways – are collectively known as the Public Trust Doctrine.
Saldaña said she became aware of these loopholes Public Trust protections when the Navy entered into a controversial 99-year lease in 2007 with a private developer on granted tidelands property on San Diego´s waterfront.
"Repealing these bad statutes eliminates an attractive loophole for developers looking to get their hands on public properties, "Saldaña said. "It would also assure that California statutes are consistent with the Tidelands Trust provisions of the State´s Constitution."
Saldaña said she wants to remove all doubt about the status of Public Trust Lands, and the state´s obligation as trustees to protect them on behalf of California´s residents.
"Where there´s a loophole in public lands protection, there´s a lawyer and a developer looking to make a buck at the public´s expense" she said.
The bill now moves to the Senate for consideration.
Assembly Bill 1832 would repeal statues that, in violation of constitutional prohibitions, allowed cities to grant state tidelands to the U.S. Government without Public Trust use restrictions. This puts these public lands at risk of being conveyed to private interests.
"Tidelands are set aside for the benefit of the citizens of California," Saldaña said "Protecting these Public Trust Lands has made public beaches, marinas, recreational and commercial fishing, water recreation and a flourishing tourism industry possible on California´s waterfronts."
Tidelands originally became state property when California joined the Union in 1850. Since 1870, the California State Constitution has prohibited the outright sale of tidelands and has restricted their development to assure public access for water related activities, including fishing, shipping and boating, recreational and sporting uses, tourism, and natural resource preservation.
These common-law protections - which extend to submerged lands, lake beds, streams and other navigable waterways – are collectively known as the Public Trust Doctrine.
Saldaña said she became aware of these loopholes Public Trust protections when the Navy entered into a controversial 99-year lease in 2007 with a private developer on granted tidelands property on San Diego´s waterfront.
"Repealing these bad statutes eliminates an attractive loophole for developers looking to get their hands on public properties, "Saldaña said. "It would also assure that California statutes are consistent with the Tidelands Trust provisions of the State´s Constitution."
Saldaña said she wants to remove all doubt about the status of Public Trust Lands, and the state´s obligation as trustees to protect them on behalf of California´s residents.
"Where there´s a loophole in public lands protection, there´s a lawyer and a developer looking to make a buck at the public´s expense" she said.
The bill now moves to the Senate for consideration.
view author's RSS feed
