DIVISION 6. PUBLIC LANDS [6001. - 8558.]
Division 6 added by Stats. 1941, Ch. 548.
§§ 6001–8558 · 451 sections
PART 1. ADMINISTRATION AND CONTROL OF STATE LANDS §§ 6001–6477 · 173 sections
CHAPTER 1. General Provisions §§ 6001–6010 · 11 sections
- § 6001 Unless the context otherwise requires, the general provisions and definitions set forth in this chapter shall govern the construction of this division.
- § 6002 “Commission” means the State Lands Commission.
- § 6003 “City” includes “city and county.”
- § 6004 “Oil and gas” includes oil, gas and all other hydrocarbon substances.
- § 6005 Whenever permissive authority or discretion is vested in any public officer or body under this division, such authority or discretion is subject to the…
- § 6006 The repeal of Chapter 303 of the Statutes of 1921 and of Chapter 227 of the Statutes of 1923 effected by the State Lands Act of 1938 shall not affect any…
- § 6007 The repeal by this code of any provision of law codified herein shall not affect any existing vested rights thereunder or any contract, permit, lease, or…
- § 6008 In order to protect the public’s access to, and use of, all state-owned lands in Humboldt Bay, no right to the use of any state lands, including, but not…
- § 6009 The Legislature finds and declares all of the following: (a) Upon admission to the United States, and as incident of its sovereignty, California received title…
- § 6009.1 The Legislature finds and declares all of the following: (a) Granted public trust lands remain subject to the supervision of the state and the state retains…
- § 6010 The repeal of any provision of law codified in this division shall not affect any existing vested rights under those repealed provisions or under any contract,…
CHAPTER 2. The State Lands Commission and the Division of State Lands §§ 6101–6111 · 14 sections
- § 6101 There is a State Lands Commission in the Resources Agency, consisting of the Controller, the Lieutenant Governor, and the Director of Finance.
- § 6102 The commission is the successor to, and is vested with all the powers, duties, purposes, responsibilities and jurisdiction formerly vested in the Department of…
- § 6103 The commission shall administer all laws and statutes committed to it through the Division of State Lands in the Resources Agency, which division is continued…
- § 6103.2 (a) The State Lands Commission and the Division of State Lands are hereby transferred from the Department of Conservation to the Resources Agency, and, as…
- § 6103.4 The State Lands Commission and the Division of State Lands may, as agencies of the Resources Agency, use the unexpended balances of funds available for use by…
- § 6103.6 All officers and employees of the State Lands Commission and the Division of State Lands who, on the operative date of this section, are serving in the state…
- § 6103.8 The State Lands Commission and the Division of State Lands, as agencies of the Resources Agency, shall have the possession and control of all records, papers,…
- § 6104 The commission shall meet, upon due notice to all members thereof, at such times and places within the State as are deemed necessary by it for the proper…
- § 6105 The commission shall adopt rules governing the conduct of the business of the commission. No action of the commission shall be valid unless authorized by…
- § 6106 The commission may, by resolution, authorize any of its employees or officers to execute any instrument in the name of the State.
- § 6107 Whenever the commission, pursuant to authority granted to it by law, enters into any agreement for the compromise or settlement of title or boundary claims,…
- § 6108 The commission may make and enforce all reasonable and proper rules and regulations consistent with law for the purpose of carrying out the provisions of this…
- § 6110 The State Lands Commission may, by resolution, designate an officer or employee of the commission to conduct the public hearings which the commission is…
- § 6111 Notwithstanding any other provision of this code or of law and except as provided in the State Building Standards Law, Part 2.5 (commencing with Section 18901)…
CHAPTER 3. Powers and Duties Generally §§ 6201–6225 · 53 sections
- § 6201 The commission may periodically classify any or all state land for its different possible uses, and, when it is deemed advisable, may require the Department of…
- § 6202 The commission may make surveys and subdivisions of lands belonging to the state to be sold, leased, or to have the boundary established, and the county…
- § 6203 On or before the first Monday in March in each year, the commission shall make out and transmit to the assessor of each county where lands or lots lie that…
- § 6204 The commission shall, when required, survey and mark the boundary lines of counties and cities.
- § 6206 The commission shall provide the necessary record books and cause all lists or patents for lands from the United States to be recorded therein.
- § 6206.5 The commission is hereby empowered to apply to the United States Department of the Interior for patents to the numbered school sections in place and to accept…
- § 6207 The commission shall keep separate accounts and records in relation to each class of lands to which the State is entitled, which shall show: (a) The number of…
- § 6208 The commission shall also keep plats of such lands, upon which all approved locations and surveys shall be designated by their numbers.
- § 6209 When certificates of purchase or patents are issued, the fact shall be noted on the plats.
- § 6210 The commission shall represent the State in all contests between it and the United States in relation to public lands.
- § 6210.1 When the commission desires to take testimony under the provisions of the act of Congress to quiet land titles in California, passed July 23, 1866, or any act…
- § 6210.2 The commission may withdraw from sale any of the public lands belonging to the State and may restore any or all public lands so withdrawn, or other public…
- § 6210.3 The commission may grant easements and rights-of-way to the Department of Transportation to or over any of the public lands of the state for the purposes of…
- § 6210.4 No lands owned by the State which lands front upon or are near to any lake, navigable stream or other body of navigable water, convenient access to which is…
- § 6210.4a All conveyances by the State of the sixteenth and thirty-sixth sections, or lands acquired in lieu thereof, or of swamp and overflowed lands shall be made…
- § 6210.5 No lands owned by the State, which lands provide the only convenient means of access to other lands owned by the State, shall ever be sold, leased or rented…
- § 6210.6 Notwithstanding Section 6210.5, the commission is not required to reserve an easement on school lands if it determines that selling the school lands without…
- § 6210.7 The commission may amend or terminate any lease, easement, or contract under its jurisdiction, with the consent of the other party thereto.
- § 6210.8 Whenever a navigable river or slough becomes abandoned and is no longer useful for navigation, the commission may sell, for cash, or exchange for lands having…
- § 6210.9 If the commission has public land, including school land, tide or submerged lands, and lands subject to the public trust for commerce, navigation, and…
- § 6211 (a) Whenever a parcel of timbered land under the jurisdiction of the commission is totally surrounded by, or is contiguous to, a national forest or a state…
- § 6212 (a) Upon appropriation of moneys by the Legislature for the purposes of this section, the commission shall, within two years, administer a coastal hazard and…
- § 6212.2 The commission may, under such rules and regulations as it may prescribe, issue permits for the taking of cores or other samples by means of drilling…
- § 6212.3 (a) The commission may authorize, by permit, the conduct of geophysical surveys on state lands under its jurisdiction, including granted and ungranted…
- § 6213 Whenever it appears by final decree of any court of competent jurisdiction that title to any land subject to sale by the State was obtained, or sought to be…
- § 6213.5 (a) (1) The commission shall consult, and enter into any necessary negotiations, with the owners of the property known as Martins Beach, consisting of two…
- § 6214 Fees shall be charged and collected by the commission pursuant to its rules and regulations for the following: (a) Certificates of purchase or duplicates…
- § 6215 As to lands heretofore sold by this State with a reservation to the State of a one-sixteenth interest in the oil and gas or other minerals therein, pursuant to…
- § 6216 This section is enacted for the purpose of declaring the scope and extent of the powers, duties, purposes, responsibilities and jurisdiction of the State Lands…
- § 6216.1 The commission may remove or cause to be removed any artificial structures or obstructions from ungranted lands under its jurisdiction if the commission…
- § 6216.5 The commission may prescribe such rules and regulations for the noncommercial hobby collection of minerals from state lands as are in the best interests of the…
- § 6217 With the exception of revenue derived from state school lands and from sources described in Sections 6217.6, 6301.5, 6301.6, 6855, and Sections 8551 to 8558,…
- § 6217.1 (a) This section and the process described in this section governs the expenditure of any funds received by the State of California from the federal government…
- § 6217.2 Notwithstanding Section 16304.1 of the Government Code, a disbursement in liquidation of an encumbrance for a project funded pursuant to the Coastal Watershed…
- § 6217.3 (a) The Legislature finds and declares all of the following: (1) The Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection…
- § 6217.5 Except for the revenues distributed pursuant to Section 3826, all net revenues, moneys, and remittances from the use of school lands and lieu lands shall be…
- § 6217.6 All rental income received for surface uses, including, but not limited to, surface drilling rights, upon lands under the jurisdiction of the State Lands…
- § 6217.6.1 (a) For purposes of this section, the following terms shall have the following meanings: (1) “Account” means the Lake Tahoe Science and Lake Improvement…
- § 6217.7 All net revenues, moneys, and remittances from the sale of school lands and lieu lands shall be deposited in the State Treasury to the credit of the School…
- § 6217.8 (a) For purposes of this section, “fund” means the Oil Trust Fund established pursuant to subdivision (b). (b) The Oil Trust Fund is hereby established in the…
- § 6218 The commission may charge and collect reasonable fees for services performed by it, not exceeding the actual cost to the state of such services. In any case…
- § 6219 The commission may, if it determines it is in the best interests of the state, accept on behalf of the state any gift, devise, grant, quitclaim, or other…
- § 6220 Whenever authority is not vested in another officer, agency or commission to accept quitclaim deeds on behalf of the State, the authority is vested in the…
- § 6221 Any instrumentality, district, agency, or political subdivision of the state occupying or using, pursuant to law, lands owned by the state and under the…
- § 6222 No county, city, district, political subdivision, agency or officer of the State shall request or make application to have any lands owned or controlled by the…
- § 6223 Applications for purchase, or lease of state lands shall be given the priority of time of filing; except that applications filed by any county, city, or…
- § 6224 The commission may adopt rules and regulations which provide for the payment of either a penalty or interest, or both, by any person who fails to pay the…
- § 6224.1 Any person who trespasses upon any lands owned or controlled by the state and under the jurisdiction of the commission, including, but not limited to,…
- § 6224.2 (a) Except as otherwise provided in subdivision (b), any person who appropriates or converts any mineral deposits reserved to, or owned by, the state and under…
- § 6224.3 (a) A person shall not construct, place, maintain, own, use, or possess a structure or facility on land that is under the commission’s jurisdiction and that is…
- § 6224.4 (a) Before the commission considers whether to pursue a remedy provided under Section 6224.3, the commission shall first provide a written notice to the person…
- § 6224.5 (a) If, as of January 1, 2013, a person is in violation of subdivision (a) of Section 6224.3, that person shall not be subject to a penalty pursuant to that…
- § 6225 (a) The commission shall conduct research, investigations, and title searches on the real property in this state of the beaches of Lake Tahoe which is…
CHAPTER 3.2. Sea Grant Program §§ 6230–6238 · 9 sections
- § 6230 An amount specified in the annual Budget Act shall be available for distribution for public and private higher education for use as up to two-thirds of the…
- § 6231 There shall be a Sea Grant Advisory Panel consisting of 17 members as provided in Sections 6232, 6233, and 6234. The advisory panel shall do all of the…
- § 6232 The Secretary of the Natural Resources Agency shall appoint the following members of the advisory panel, who shall serve at the pleasure of the secretary: (a)…
- § 6233 (a) The Senate Committee on Rules shall appoint one Member of the Senate to the advisory panel, who shall serve at the pleasure of the Senate Committee on…
- § 6234 The Secretary of the Resources Agency, or the secretary’s designee shall be a member of the advisory panel and shall serve as chairperson of the advisory panel.
- § 6235 All advisory panel members shall serve without compensation.
- § 6236 The Sea Grant research projects selected for the state support under this chapter shall have a clearly defined benefit to the people of the State of…
- § 6237 (a) The Legislature hereby finds and declares that the funding provided by this chapter is needed to stimulate the development and utilization of ocean and…
- § 6238 Nothing in this chapter shall be construed to preclude the application for funding of any project that would be eligible for funding under the terms of the…
CHAPTER 3.4. California Coastal Sanctuary §§ 6240–6245 · 6 sections
- § 6240 This chapter shall be known, and may be cited, as the California Coastal Sanctuary Act of 1994.
- § 6241 The Legislature hereby finds and declares that offshore oil and gas production in certain areas of state waters poses an unacceptably high risk of damage and…
- § 6242 (a) A California Coastal Sanctuary is hereby created which includes all state waters subject to tidal influence, except as provided in subdivisions (b) and…
- § 6243 Notwithstanding any provision of Article 4 (commencing with Section 6870) of Chapter 3 of Part 2 or any other provision of law, no state agency or state…
- § 6244 The commission may enter into any lease for the extraction of oil or gas from state-owned tide and submerged lands in the California Coastal Sanctuary if the…
- § 6245 (a) Except as provided in subdivision (e), the commission or a local trustee shall not enter into any new lease or other conveyance authorizing new…
CHAPTER 4. Administration and Control of Swamp, Overflowed, Tide, or Submerged Lands, and Structures Thereon §§ 6301–6360 · 52 sections
ARTICLE 1. Administration and Control Generally §§ 6301–6314 · 27 sections
- § 6301 The commission has exclusive jurisdiction over all ungranted tidelands and submerged lands owned by the State, and of the beds of navigable rivers, streams,…
- § 6301.2 Notwithstanding any of the provisions of the Governor’s Reorganization Plan No. 2 of 1969 for the Reorganization of the Executive Branch of California State…
- § 6301.5 The commission may act in behalf of the State of California pursuant to Section 7 of the Outer Continental Shelf Lands Act, an Act of Congress approved by the…
- § 6301.6 If any funds are impounded pursuant to Section 6301.5 under the custody and control of the State of California, such impounded funds may be invested and…
- § 6301.7 The commission may negotiate with, and with the approval of the Governor may enter into agreements with, the United States, or any official, agency, licensee,…
- § 6302 The commission may eject from any tide and submerged lands, beds of navigable channels, streams, rivers, creeks, lakes, bays, and inlets under its…
- § 6302.1 (a) (1) The commission may take immediate action, without notice, to remove from areas under its jurisdiction a vessel that is left unattended and is moored,…
- § 6302.2 (a) The commission shall, in consultation with other relevant state and local agencies directly involved in the removal of abandoned vessels, by July 1, 2019,…
- § 6302.3 (a) The commission, at a properly noticed commission hearing, may take title to an abandoned vessel subject to disposal pursuant to Section 6302.1 for the sole…
- § 6302.4 (a) At the request of the commission, an employee or agent of the commission or a peace officer of the federal or state government or a city, county, or other…
- § 6303 (a) The commission may grant the privilege of depositing material upon or removing or extracting material from swamp, overflowed, marsh, tide or submerged…
- § 6303.1 Any person who knowingly and willfully fills, dredges, or reclaims any state-owned land under the jurisdiction of the commission underlying any navigable…
- § 6304 The commission may cooperate with the Coastal Engineering Research Board of the United States Army Corps of Engineers, and may expend such moneys as are…
- § 6305 The powers granted by this chapter to the commission as to leasing or granting of rights or privileges with relation to the lands owned by the state are hereby…
- § 6306 (a) For purposes of this division, “local trustee of granted public trust lands” means a county, city, or district, including a water, sanitary, regional park,…
- § 6306.1 Notwithstanding any other provision of law, the State Lands Commission and the City of Los Angeles, acting by and through its Board of Harbor Commissioners,…
- § 6306.2 (a) Notwithstanding any other provision of law, in order to mitigate the effects of the project which is the subject of the Department of the Army Permit No.…
- § 6307 (a) The commission may enter into an exchange, with any person or any private or public entity, of filled or reclaimed tide and submerged lands or beds of…
- § 6307.1 (a) This section applies only to land in which California has a sovereign interest that lies within the boundaries of the State of Arizona and land in which…
- § 6308 If an action or proceeding is commenced by or against a county, city, or other political subdivision or agency of the state involving the title to or the…
- § 6309 (a) The commission shall administer the Shipwreck and Historic Maritime Resources Program, which consists of the activities of the commission pursuant to this…
- § 6310 Whenever tide and submerged lands granted in trust to a county by the Legislature are included within a city’s boundaries as the result of that city’s…
- § 6311 It is hereby declared to be the policy of this state that any grant of tidelands or submerged lands made after January 1, 1971, within an area which has been…
- § 6311.5 (a) For the purposes of this section, the following terms shall have the following meanings: (1) “Local trustee” means a local trustee of granted public trust…
- § 6312 Neither the state, nor any political subdivision thereof, shall take possession of lawful improvements on validly granted or patented tidelands or submerged…
- § 6313 (a) The title to all abandoned shipwrecks and all archaeological sites and historic resources on or in the tide and submerged lands of California is vested in…
- § 6314 (a) A person who removes, without authorization from the commission, or a person who destroys or damages an archaeological site or a historic resource, that is…
ARTICLE 2. Control of Structures §§ 6321–6327 · 8 sections
- § 6321 The commission may, upon written application of the littoral owner, grant authority to any such owner to construct, alter or maintain, groins, jetties, sea…
- § 6321.2 In addition to the fees provided in Section 6321, the commission may fix and collect reasonable charges or rentals for the use of lands upon which any of the…
- § 6322 The commission may also remove or require to be removed, repaired or altered, and may regulate the type, character, design, size, and maintenance of, such…
- § 6323 If accretions are caused or occasioned by any such structure authorized hereunder, no fence, building or other structure of any kind, other than the structure…
- § 6324 If by reason of any grant to any municipality, political subdivision, or district, or by reason of any charter of any city or county, any of the powers and…
- § 6325 The authority granted under this chapter does not obviate the necessity for the applicant to obtain permisssion from the proper federal agencies to construct,…
- § 6326 Nothing in this chapter abridges any right of the State to erect, maintain, or remove the protective structures herein mentioned, upon, across, or over any of…
- § 6327 The commission may, upon written application, grant a permit for the use and occupancy of state lands under the jurisdiction of the commission for the…
ARTICLE 2.5. Survey and Mapping of Ungranted Tide and Submerged Lands §§ 6331–6342 · 13 sections
- § 6331 As used in this article: (a) “Ungranted tidelands” means the tide and submerged lands owned by the State of California which have not been granted in trust to…
- § 6331.5 The commission shall make an inventory to ascertain and describe by metes and bounds the location and extent of all ungranted tidelands. The commission shall,…
- § 6332 The commission shall: (a) Adopt and enforce such rules and regulations as may be necessary or convenient to carry out the purposes of this article in…
- § 6333 The commission shall prepare and adopt, on or before March 31, 1989, a “Preliminary Map of Ungranted Tideland Boundaries in California” based on the inventory…
- § 6334 After completing the “Preliminary Map of Ungranted Tideland Boundaries in California,” the commission shall adopt and prepare a “Preliminary Description of…
- § 6335 On or before December 31, 1989, any local agency or other interested person affected by boundaries described by the “Preliminary Description of Ungranted…
- § 6336 The commission may negotiate with any person or local agency having or claiming an interest in any land affected by boundaries described by the “Preliminary…
- § 6337 Before adopting the Master Map of Ungranted Tideland Boundaries in California and a Description of Ungranted Tideland Boundaries pursuant to Section 6338, the…
- § 6338 On or before December 31, 1992, the commission shall prepare, certify, adopt, and publish in final form a “Master Map of Ungranted Tideland Boundaries in…
- § 6339 (a) Boundaries established by boundary agreements entered into and recorded pursuant to Section 6336, as to all parties thereto, shall be fixed and permanent…
- § 6340 The inventory required by this article shall not extend to, or have any bearing upon, the determination of the seaward boundary separating lands belonging to…
- § 6341 Any boundary line agreement entered into pursuant to Section 6336 or 6357, or any consent recorded pursuant to subdivision (b) of Section 6339, or any exchange…
- § 6342 The commission may enter into boundary line agreements with any person or public entity, describing and defining the boundary line between ungranted tidelands…
ARTICLE 3. Procedure on Establishment of Ordinary High-Water and Low-Water Mark §§ 6357–6360 · 4 sections
- § 6357 The commission may establish the ordinary high-water mark or the ordinary low-water mark of any of the swamp, overflowed, marsh, tide, or submerged lands of…
- § 6358 On receipt of a request from the legislative body of a county, city, or other political subdivision or agency of the State, to which a legislative grant of…
- § 6359 Whenever by legislative enactment tide or submerged lands of the State are granted or conveyed or authorized to be granted or conveyed or whenever a previous…
- § 6360 Notwithstanding any other provision of law, the boundary line of land lying within the Sacramento-San Joaquin Delta (as defined in Section 12220 of the Water…
CHAPTER 4.5. Development of State Lands §§ 6370–6378 · 8 sections
- § 6370 The commission, acting in concert with the Resources Agency and the Office of Planning and Research, and in cooperation with other appropriate state, federal,…
- § 6370.1 The Office of Planning and Research shall, for purposes of Section 6370, define “significant environmental values”, which definition shall include, but not be…
- § 6370.2 The commission shall submit a final report to the Legislature by January 15, 1975, which identifies those lands determined by the commission to possess…
- § 6371 Until submission of the report required in Section 6370.2 the State Lands Commission shall not sell any of the lands under its jurisdiction unless it has made…
- § 6373 At least 10 days before the commission authorizes a conveyance of state lands to a private party or other governmental agency, the commission shall notify, by…
- § 6376 It is the intent of the Legislature that any inventory prepared pursuant to this chapter shall be solely for informational purposes and not to establish rights…
- § 6377 The provisions of this chapter shall not apply to tidelands transferred pursuant to Chapter 1333 of the Statutes of 1968, to tidelands and submerged lands…
- § 6378 The commission shall determine the ownership of all salmon and steelhead spawning areas as designated by Section 1505 of the Fish and Game Code. All areas…
CHAPTER 5. Reservation of Minerals §§ 6401–6407 · 8 sections
- § 6401 (a) All oil, gas, oil shale, coal, phosphate, sodium, gold, silver, and all other mineral deposits in public lands belonging to the state, or which may become…
- § 6401.5 (a) Notwithstanding Section 6401, the commission may sell to a surface property owner, for not less than fair market value, the state’s reserved mineral…
- § 6402 All applications to purchase state public lands and all sales pursuant thereto shall be subject to and contain a reservation to the State of all oil, gas, oil…
- § 6403 This chapter shall not be construed as applicable to the sale or exchange by the state of the following lands: (a) Lands acquired by the state on sale thereof…
- § 6404 Any state agency that sells any of the lands listed in Section 6403, other than tax-deeded lands, may, with the approval of the commission, dispose of oil and…
- § 6405 The commission shall have the sole responsibility for and jurisdiction over the administration, management and disposal of all mineral reservations heretofore…
- § 6406 The commission is hereby authorized to sell, exchange, rent, lease, or otherwise manage the property represented by all mineral reservations to the State made…
- § 6407 This section is enacted for the purpose of declaring the scope and extent of the powers, duties, purposes, responsibilities and jurisdiction of the commission…
CHAPTER 6. Exchange of Certain Lands With the Federal Government §§ 6441–6445 · 5 sections
- § 6441 Public lands of the State, situated within the exterior boundaries of a National forest, which in the judgment of the commission are more valuable for timber…
- § 6442 Public lands of the State, situated within the exterior boundaries of a National park, which in the judgment of the commission are more valuable for timber or…
- § 6443 The commission may cooperate with the Secretary of the Interior, may select the lands of this State to be exchanged with the United States under Section 8 of…
- § 6444 Whenever in the judgment of the commission it is to the advantage of the State to exchange any of its public lands, as provided in Sections 6441, 6442 and…
- § 6445 No lands shall be accepted in exchange under this article without the approval of the commission. All lands so acquired shall be subject to the laws governing…
CHAPTER 7. Quiet Title Actions §§ 6461–6465 · 5 sections
- § 6461 Any person or persons claiming any interest in or to real property which is alleged to be claimed by the State of California to be situated in the former bed…
- § 6462 Service of summons in a suit shall be upon the chair of the State Lands Commission and the Attorney General and it shall be the duty of the Attorney General to…
- § 6463 Any person or persons claiming title under a patent of tideland, issued by the State of California, may bring suit against the State, or against the State with…
- § 6464 Any person or persons claiming title to land adjoining tide or submerged land, herein called “adjoining land,” under a patent issued by the United States of…
- § 6465 The complaint in any action pursuant to this chapter shall, on request, contain a plat of the property to which the action relates which shows the location of…
CHAPTER 8. State Teachers’ Retirement Lands Act §§ 6475–6477 · 2 sections
PART 2. LEASING OF PUBLIC LANDS §§ 6501–7100 · 153 sections
CHAPTER 1. General Leasing Law §§ 6501–6509 · 13 sections
- § 6501 As used in this chapter, “lease” includes a permit, easement, or license.
- § 6501.1 Lands owned by the state and which are under the jurisdiction of the commission may be leased for such purpose or purposes as the commission deems advisable,…
- § 6501.2 The commission shall prepare forms of leases for use under this chapter for such purposes as the commission deems advisable, including grazing leases and…
- § 6501.3 Any interests in lands, or lands in fee simple, acquired by the commission or by any department, board, or other commission, of the State by purchase,…
- § 6502 Any person, firm, or corporation desiring to lease any of the lands owned by the state, or in which the state may have an interest, and which are under the…
- § 6503 Upon receipt of an application to lease lands under this chapter, the commission shall appraise the lands and fix the annual rent or other consideration…
- § 6503.5 (a) Consistent with Section 6503, the commission shall charge rent for a private recreational pier constructed on state lands. Rent shall be based on local…
- § 6504 (a) As used in this section: (1) “Event” means a competition event that uses lands owned by the state that are under the jurisdiction of the commission. (2)…
- § 6505.5 No grazing or recreational lease shall be for a period longer than 10 years except that when the recreational use is combined and is incidental to residential…
- § 6506 Possession under any lease authorized by this chapter shall not be held to be adverse to that of any person who becomes an actual settler upon any portion of…
- § 6507 Any error in the description of any lease may, with the consent of the holder thereof, be corrected or any description amended by the commission when in its…
- § 6508 Any lease for sixteenth and thirty-sixth sections or any portion thereof which are now or may hereafter be included within the exterior boundaries of a…
- § 6509 If a lease is terminated by reason of the sale of the land, or by the designation of land as a base for indemnity selections, the lessee shall surrender the…
CHAPTER 2. Development and Improvement of Granted Tide and Submerged Lands §§ 6701–6707 · 7 sections
- § 6701 Subject to the provisions of Section 6702, no amendment, modification, or revocation, in whole or in part, of any grant of tide or submerged lands heretofore…
- § 6702 (a) The provisions of Section 6701 shall not apply to any of the following unless the provisions of subdivision (b) are first complied with: (1) Any lease,…
- § 6703 Whenever a lease, contract, or other instrument is submitted to the State Lands Commission pursuant to Section 6702, the costs of any study or investigation,…
- § 6704 Failure of the State Lands Commission to issue to the legislative grantee a written report making, or declining to make with reasons for so declining, the…
- § 6705 This chapter shall not be construed to affect the validity of leases, contracts, or other instruments affecting tide or submerged lands, and there shall be no…
- § 6706 If on the effective date of any revocation of a grant of tide or submerged lands, there are in effect any leases, contracts, or other instruments to which the…
- § 6707 (a) The Legislature finds and declares that to promote and accommodate public trust uses, including commerce, navigation, and fisheries, proper management of…
CHAPTER 3. Oil and Gas and Mineral Leases §§ 6801–6932 · 110 sections
ARTICLE 1. Provisions Relating to All State Lands §§ 6801–6819 · 21 sections
- § 6801 A lease or prospecting permit under this chapter shall be issued only to and held by: (a) Persons or associations of persons who are citizens of the United…
- § 6802 Any interest held in violation of this chapter shall be forfeited to the State by appropriate proceedings for that purpose brought by the State in the superior…
- § 6803 The commission, in issuing any lease under this chapter, may reserve to the State the right to lease, sell, or otherwise dispose of the surface of the lands…
- § 6804 (a) A lease or permit issued under this chapter may be assigned, transferred, or sublet as to all or any part of the leased or permitted lands, and as to…
- § 6804.1 Notwithstanding any provisions of this code to the contrary, a lessee may at any time make and file with the commission a written quitclaim or relinquishment…
- § 6805 The commission shall reserve and may exercise the authority to cancel any prospecting permit or lease upon which a commercially valuable deposit of minerals or…
- § 6806 Any permit or lease under this chapter shall reserve to the commission the right to allow, upon such terms as the commission may determine to be just, the…
- § 6807 The commission, in the name of the State, may purchase or receive by donation or lease any right of way or easement in real property, or any real property in…
- § 6808 The commission, if it deems such action for the best interests of the state, may condemn, acquire, and possess in the name of the state any right-of-way or…
- § 6809 Any interests in lands, or lands in fee simple, acquired by the commission by purchase, donation, lease, condemnation, or otherwise, may be made available to…
- § 6810 The provisions of this chapter authorizing the commission to acquire interests in real property include the acquisition of structures and improvements situated…
- § 6811 The commission may, prior to the receipt of any bid for a lease under this chapter, withdraw any offer to receive bids therefor, and it may reject all bids…
- § 6812 Whenever by the terms of this chapter the commission may grant a lease of State lands, the commission may make and execute an easement of surface or subsurface…
- § 6813 For the purpose of this chapter, the commission may enter into agreements with any person, association of persons, corporation, city, or county, the United…
- § 6814 The commission, in the name of the people of the State, may bring action to determine the title to oil and gas in land against persons, associations of…
- § 6815 (a) Notwithstanding any other provision of law to the contrary, the commission may negotiate and enter into agreements for compensation for drainage or oil and…
- § 6815.1 Whenever the commission exercises a right to take oil, gas, or other hydrocarbons in kind pursuant to any lease the commission shall make and enter into…
- § 6815.2 (a) Notwithstanding Section 6815.1, the commission may take any oil, gas, or other hydrocarbons taken in kind by it, pursuant to any lease or agreement, and…
- § 6817 (a) The Controller shall annually as of June 30 apportion, for the fiscal year ending on that date, to each city or county having within its boundaries…
- § 6818 All applications made to the commission pursuant to this chapter for erection of any permanent structure on tidelands or submerged lands or for depositing…
- § 6819 The commission shall promulgate rules and regulations to require any person extracting oil or gas or other minerals from lands under the jurisdiction of the…
ARTICLE 2. Provisions Relating to Oil and Gas Leases Generally §§ 6826–6836 · 22 sections
- § 6826 (a) The commission may permit geological or geophysical surveys on state lands and may grant permits therefor, but the permit shall not give the permittee any…
- § 6826.1 The State Lands Commission shall not permit the taking of cores or other samples by means of drilling operations on or under the tide and submerged lands…
- § 6827 Leases for the extraction and removal of oil and gas deposits may be made by the commission to the highest qualified bidder, or joint bidders, as provided in…
- § 6827.1 Nothing contained in this chapter or any other law shall prevent or prohibit two or more persons who are individually eligible to hold a lease under this…
- § 6827.2 In order to prevent the premature abandonment of a lease, notwithstanding any other provision in this chapter, if, after the holding of a public hearing, the…
- § 6827.5 (a) Notwithstanding Article 3 (commencing with Section 6851), Article 4 (commencing with Section 6870), or any other law, and to the extent not prohibited by…
- § 6828 All leases of lands containing oil or gas made or issued under this chapter shall be subject to the condition that the lessee will use all reasonable…
- § 6829 Every oil and gas lease executed under this chapter, and any oil and gas lease assigned, transferred, or sublet, pursuant to Section 6804, shall include all of…
- § 6829.1 Every oil and gas lease, including leases of tide and submerged lands, executed under this chapter, shall specify a period of not to exceed three (3) years, as…
- § 6829.2 The commission, in the interest of increasing the ultimate recovery of oil or gas, the protection of oil or gas from unreasonable waste, the possible arresting…
- § 6829.3 (a) The commission shall seek additional infrastructure bonding or other financial assurance, as feasible, under its jurisdiction when a lease term is…
- § 6829.4 (a) For purposes of this section, the following terms have the following meanings: (1) “Decommission” means any activities up to and including the safe…
- § 6830 All oil and gas leases issued by the commission for lands under its jurisdiction as set forth in Chapters 3 and 4 of Part 1 and in Chapter 3 of Part 2 of…
- § 6830.1 It is hereby found and determined by the Legislature of the State of California as follows: (a) That the people of the State of California have a direct and…
- § 6830.2 Whenever the holder of an oil and gas lease of state-owned lands proposes to engage in secondary recovery operations within such lease, the commission and the…
- § 6830.3 In satisfaction of the requirements of subdivisions (a) and (b) of Section 6830.2, the commission may consider, use, apply or adopt any means, methods,…
- § 6831 Rights of way through all State lands may be granted to any lessee by the commission under such regulations as to survey, location, application, and use as may…
- § 6832 For the purpose of more properly conserving the natural resources of any oil or gas pool or field, or any part thereof, lessees hereunder and their…
- § 6833 The commission, upon such conditions as the commission shall prescribe, may approve operating, drilling or development contracts made by one or more lessees…
- § 6834 Whenever the commission determines that lands shall be leased for oil and gas as provided in this chapter and when the form of lease therefor has been prepared…
- § 6835 Each bid (which shall be in the form of a lease prepared in accordance with this chapter) for an oil and gas lease shall be accompanied by a certified or…
- § 6836 At the time and place specified in the notice, the commission shall publicly open the sealed bids and shall award the lease for each parcel to the highest…
ARTICLE 3. Oil and Gas Leases on Lands Other Than Tide and Submerged Lands §§ 6851–6855 · 5 sections
- § 6851 Lands owned by the State, or lands in which the oil and gas deposits are reserved to the State, other than tide and submerged lands, may be leased for the…
- § 6852 Whenever it appears to the commission that it is for the best interests of the State to lease any such lands for the production of oil or gas therefrom, or…
- § 6853 The commission may divide the lands within the tract proposed to be leased into parcels of convenient size and shape and shall prepare a form of lease therefor.
- § 6854 Lands, including the Tule Elk State Reserve located in Township 30 South, Range 24 East, MDB&M in Kern County, other than tide or submerged lands, belonging to…
- § 6855 The proceeds of any lease for the extraction of any oil and gas from lands owned by the State, other than public lands or tide or submerged lands under the…
ARTICLE 4. Oil and Gas Leases on Tide and Submerged Lands and Beds of Navigable Rivers and Lakes §§ 6870–6880 · 19 sections
- § 6870 (a) Notwithstanding any other provision of law to the contrary, no leases shall be let for the extraction of oil and gas from coastal tidelands or submerged…
- § 6871 Tide and submerged lands and beds of navigable rivers and lakes may be leased by the commission for the extraction of oil and gas in accordance with the…
- § 6871.3 Whenever it appears to the commission that it is for the best interests of the State to lease lands subject to the provisions of Section 6871.1 or 6877 of this…
- § 6871.4 The commission may divide the lands within the area proposed to be leased into parcels of convenient size and shape and shall prepare a form of lease or leases…
- § 6872 (a) If an application for oil and gas development in state waters that is determined to be incomplete by the commission continues to remain incomplete one year…
- § 6872.1 Whenever it appears to the commission that oil and gas deposits are known or believed to be contained in any such lands as are described in Section 6871.2,…
- § 6872.2 If the commission determines that any tide and submerged lands belonging to the state in the area hereinafter referred to should be drilled pursuant to the…
- § 6872.5 The commission may adjust the boundaries of existing leases to encompass all of a field partially contained within the existing lease subject to both of the…
- § 6873 When leasing tide or submerged lands or beds of navigable rivers or lakes, the commission shall prepare a form of lease which shall contain, in addition to…
- § 6873.1 Filled lands shall include, but not be limited to, tide or submerged lands or beds of navigable rivers or lakes, reclaimed artificially through raising such…
- § 6873.2 In carrying out the requirements of subdivision (b) of Section 6873 and the California Environmental Quality Act (Division 13 (commencing with Section 21000)),…
- § 6873.5 (a) In carrying out the requirements of subdivision (b) of Section 6873 and the California Environmental Quality Act, the commission shall, prior to the…
- § 6874 Each bid shall be accompanied by information giving a description of the location or locations, structure or structures, from which the bidder proposes to…
- § 6875 If the Legislature has transferred to any city or county the administration of the trust, whether or not limited, under which tide or submerged lands or beds…
- § 6876 Should it appear to the commission that any person, association of persons, or corporation, has drilled, or is making preparation to drill, wells upon or into…
- § 6877 All the beds of navigable rivers and lakes belonging to the State may be leased pursuant to Section 6871.3 of this code for the production of oil and gas,…
- § 6878 Nothing in this chapter limits the effect of any grant of tide or submerged lands made prior to June 11, 1938, to any city, county or other political…
- § 6879 Whenever tide and submerged lands of the State have been granted to a city, county or city and county by a grant which does not reserve to the State the right…
- § 6880 (a) Contingent upon an appropriation of funds by the Legislature for this purpose, the commission shall develop, on or before December 31, 2024, a cost study…
ARTICLE 5. Minerals Other Than Oil and Gas §§ 6890–6900 · 10 sections
- § 6890 (a) Prospecting permits and leases for the extraction and removal of minerals, other than oil and gas or other hydrocarbon substances, from lands, consistent…
- § 6890.5 Notwithstanding any other law, when lands, other than tide and submerged lands, are owned by another state agency, the commission, when issuing permits and…
- § 6891 The commission may issue a prospecting permit, under such rules and regulations as it may prescribe, for lands which are not known mineral lands, to any…
- § 6895 (a) Upon establishing to the satisfaction of the commission that commercially valuable deposits of minerals have been discovered within the limits of any…
- § 6896 Until the permittee applies for a lease as to that portion of the area described in the permit herein provided, the permittee shall pay to the state 20 percent…
- § 6897 (a) All deposits of minerals, other than oil, gas, and geothermal resources in lands belonging to the state, which have been classified by the commission as…
- § 6898 Leases under this article shall be for terms not to exceed 20 years.
- § 6898.5 Notwithstanding Section 6898, any lease in effect on July 1, 1991, of lands, within the bed of Owens Lake for the development of minerals other than oil and…
- § 6899 The commission shall prescribe additional terms and conditions, consistent with the provisions of this chapter, of permits and leases issued under this article…
- § 6900 (a) Notwithstanding Section 6890, the commission or a local trustee of granted public trust lands shall not grant leases or issue permits for the extraction or…
ARTICLE 5.5. Geothermal Resources §§ 6901–6925.2 · 26 sections
- § 6901 This article shall be known and may be cited as the Geothermal Resources Act.
- § 6902 The Legislature hereby finds and declares that development of geothermal resources beneath state lands is an essential element in the development of additional…
- § 6903 For the purposes of this chapter, “geothermal resources” shall mean the natural heat of the earth, the energy, in whatever form, below the surface of the earth…
- § 6904 Permits and leases for exploration and development of geothermal resources on lands belonging to the state and leases for the development of geothermal…
- § 6905 Permits and leases may be issued pursuant to this article only to those who qualify for permits and leases under Section 6801.
- § 6906 Administration of this article shall be under the principle of multiple use of public lands and resources, and shall allow coexistence of other permits or…
- § 6907 Where it is determined by the commission that the production or use of geothermal resources is also susceptible of economically producing other of the…
- § 6909 The commission may grant nonexclusive geological or geophysical exploration permits for geothermal resources upon such terms and conditions as the commission…
- § 6910 (a) Subject to the provisions of Section 6906, the commission may issue a prospecting permit to the first qualified applicant therefor under such rules and…
- § 6911 (a) Lands may be selected for lease by the commission and shall be leased by competitive bid on the basis of a cash bonus, net profit, or other single biddable…
- § 6912 (a) In case of an application for a permit or lease covering lands which have been sold by the state, subject to a reservation by the state of the geothermal…
- § 6913 Each prospecting permit and lease issued under this article shall provide for the following rentals and royalties with respect to geothermal resources…
- § 6914 The holder of any geothermal resources permit or lease may quitclaim or relinquish his or her rights under that permit or lease pursuant to the provisions of…
- § 6915 Subject to the other provisions of this article, the permittee or lessee shall be entitled to use so much of the surface as is reasonably necessary as…
- § 6916 (a) The commission may issue leases for direct heat application of geothermal resources for nonelectrical purposes for a royalty of less than 10 percent of…
- § 6917 A permit or lease may be terminated by the commission only pursuant to the provisions of Section 6805 of this code.
- § 6918 Leases under this article shall be for a primary term not to exceed 10 years and so long thereafter as geothermal resources are being or capable of being…
- § 6919 Notwithstanding any other provision of law to the contrary, the commission may negotiate and enter into agreements for compensation for drainage or geothermal…
- § 6920 Any person engaged in the production of geothermal resources under a lease issued by the commission may commingle geothermal resources from any two or more…
- § 6921 A permittee or lessee may, upon the approval of the commission and pursuant to the provisions of Chapter 4 (commencing with Section 3700) of Division 3, drill…
- § 6922 No prospecting permit or lease shall be made for less than 640 acres nor more than 5,760 acres and the permit or lease shall embrace a reasonably compact area.…
- § 6923 For the purpose of more properly conserving the natural resources of any geothermal resources areas, or any part thereof, the lessees thereof may unite with…
- § 6924 Where the surface of state-owned lands sought for use or development of geothermal resources or the waters thereon are under the jurisdiction of a state…
- § 6925 A permit or lease under this article may be assigned, transferred, or sublet as provided for in Section 6804 of this code.
- § 6925.1 Whenever, as determined by the commission, any operation conducted under a geothermal exploration permit, prospecting permit, or lease pursuant to this article…
- § 6925.2 Notwithstanding any other provision of this article, the commission may, at its discretion, issue a lease to the first qualified applicant for a parcel of less…
ARTICLE 6. Extraction of Sodium Chloride From Specified Lands §§ 6926–6932 · 7 sections
- § 6926 Notwithstanding any other provision of this chapter, the right to extract sodium chloride, contained in any lands belonging to the State, or which may become…
- § 6927 The terms so fixed shall be operative for 20 years from the date of the grant. Upon the expiration of such 20-year period and each succeeding period of 20…
- § 6928 The purchaser shall acquire no right to sell any such sodium chloride, but may extract it solely for public use in carrying out the public functions herein…
- § 6929 Any metropolitan water district may apply to the commission to purchase the right to extract sodium chloride from any such State lands. The application shall…
- § 6930 If the sale is made, the right to extract from the lands, such sodium chloride as is found by the commission to be necessary or convenient for the purposes…
- § 6931 The provisions of this article shall apply only to lands belonging to the State, or which may become the property of the State, situate in one or more of the…
- § 6932 Any right granted under this article to extract sodium chloride from State lands shall terminate upon the expiration of 99 years from the date of the issuance…
CHAPTER 4.1. Leases for Taking Minerals From Waters and Certain Lands §§ 6991–6996 · 6 sections
- § 6991 Leases for taking minerals from the waters of any stream or lake or from any lands withdrawn from sale by Section 6996 shall be issued only as provided by this…
- § 6992 Leases for any such lands and for the privilege of taking minerals from the waters of streams and lakes may be issued by the commission by competitive bidding…
- § 6993 The commission may, prior to the receipt of any bid for a lease under this chapter, withdraw any offer to receive bids therefor, and it may reject all bids…
- § 6994 Leases under this article shall be for terms not to exceed 20 years with the preferential right in the lessee to renew the lease for successive periods not to…
- § 6995 The commission shall prescribe such additional terms, covenants and conditions, consistent with the provisions of this chapter, of permits and leases issued…
- § 6996 All of the lands embraced within the original meander lines of streams and lakes belonging to the State, the waters of which contain minerals in commercial…
CHAPTER 5. Oil and Gas and Mineral Leases by Public Agencies §§ 7051–7062 · 16 sections
- § 7051 (a) The board of supervisors, boards of trustees, directors or other governing body of any county or other public or quasi-public corporation, body or agency…
- § 7052 Lands may be leased in tracts of such size and shape as the governing body may determine. Before executing a lease of any such property, the governing body…
- § 7053 At the time and place fixed in the resolution for the meeting, all sealed proposals which have been received shall in public session be opened, examined, and…
- § 7054 An order to lease made by the governing body shall authorize and direct the execution and delivery by the chair or other presiding officer of a lease to the…
- § 7054.5 No lease or modification thereof or amendment thereto for the production, extraction, or removal of minerals, oil, gas, or other hydrocarbons from tide or…
- § 7055 Any money accruing from leases under this chapter shall be paid into the general fund of the county or other public or quasi public corporation, body or agency…
- § 7056 The provisions of this chapter shall apply to all counties and to such public or quasi-public corporations, bodies and agencies as are not otherwise authorized…
- § 7056.5 The provisions of Sections 7051 to 7056, inclusive, shall apply to operating agreements and all other types of agreements entered into by the agencies…
- § 7057 The property of any city may be leased for the purpose of producing or effecting the production of minerals, oil, gas or other hydrocarbon substances for a…
- § 7058 Any city, county, city and county, or district, in the interest of increasing the ultimate recovery of oil or gas, or of the protection of oil or gas from…
- § 7058.5 Before a lease or any operating agreement or other type of agreement for the production of oil, gas, or other hydrocarbons is entered into after the effective…
- § 7059 At the time and place fixed in the resolution for the meeting, all sealed proposals which have been received shall in public session be opened, examined, and…
- § 7060 (a) No such lease or agreement shall be effective unless prior to adopting the resolution provided for by Section 7058.5 the city shall have petitioned the…
- § 7061 The provisions of Sections 7058.5 to 7059, inclusive, shall be applicable to all general-law cities and shall be applicable to general-law and chartered cities…
- § 7061.1 Notwithstanding the provisions of Section 7058, no city, county, city and county, or district may enter into a unit or cooperative agreement pursuant to that…
- § 7062 (a) On or before October 1st of each year, each city shall cause to be made and filed with the State Lands Commission a detailed statement of all revenue and…
CHAPTER 6. Leases for Offshore Wind Energy Projects § 7100 · 1 section
- § 7100 (a) Notwithstanding Section 6217, the commission shall deposit revenue generated from an offshore wind energy project lease in the Offshore Wind Energy…
PART 3. SALE OF PUBLIC LANDS §§ 7301–8106 · 104 sections
CHAPTER 1. School Lands and Indemnity Lands §§ 7301–7404 · 10 sections
ARTICLE 1. Sale of School Lands §§ 7301–7306 · 5 sections
- § 7301 The commission may, in the best interest of the state, sell school lands. The commission may pay from the School Land Bank Fund, created pursuant to Section…
- § 7303 The commission may, in the best interest of the state, exchange any public lands for lands of the United States of equal area or equal value, and the lands…
- § 7303.5 Whenever the commission finds that it is in the best interests of the state for the acquisition of open space or for the purposes of consolidating, assembling,…
- § 7305 When payment has been made for land sold under this article, the purchaser shall be entitled to a patent.
- § 7306 The commission may sell timber separately from the land. Timber sold separately shall be removed in accordance with the Z'Berg-Nejedly Forest Practice Act of…
ARTICLE 2. Indemnity Land Selections §§ 7400–7404 · 5 sections
- § 7400 The Legislature finds and declares that, as of January 1, 2020, the commission has acquired roughly 81,643 acres of indemnity school lands and is owed roughly…
- § 7401 The commission shall ascertain from time to time the number of acres of land to which the state is entitled as indemnity and shall keep on file a statement…
- § 7402 Whenever the commission determines it to be in the best interest of the state, the commission may select lands of the United States equal in area to the number…
- § 7403 The commission is the general agent of the state for the selection of indemnity lands in lieu of the losses sustained by the state to its school land grants.
- § 7404 The commission may accept the benefits of the act of Congress approved July 17, 1914, enacted as Section 121 of Title 30 of the United States Code.
CHAPTER 2. Sale of Swamp and Overflowed Lands §§ 7501–7556 · 25 sections
ARTICLE 1. Swamp and Overflowed Lands Subsequent to September 19, 1939 § 7501 · 1 section
- § 7501 Swamp and overflowed lands belonging to the state may be sold by the commission under rules and regulations prescribed by it and at a price fixed by it,…
ARTICLE 2. Swamp and Overflowed Lands Sold Prior to September 19, 1939 §§ 7521–7537 · 17 sections
- § 7521 The swamp and overflowed lands belonging to the State were sold prior to September 19, 1939, at the rate of one dollar ($1) an acre. Twenty per cent of the…
- § 7522 The commission shall not approve any application nor issue evidence of title for swamp and overflowed land, until six months after the land has been segregated…
- § 7523 No claim shall be made by the State to any land as swamp or overflowed, which has not been returned as such by the United States, nor to lands for which…
- § 7524 Any person desiring to purchase swamp and overflowed lands shall make an affidavit and file it in the office of the commission, that he is a citizen of the…
- § 7525 Any false statement contained in the affidavit defeats the right of the applicant to purchase the land, or to receive any evidence of title thereto, and if…
- § 7526 If at any time after such affidavit is filed in the office of the commission, and prior to the issuance of a patent for the lands described therein it is made…
- § 7527 Within 30 days from the date of such order of reference, the party filing the affidavit raising such questions shall commence, in such court, an action to…
- § 7528 If upon the trial of such action it appears that any of the statements made in the affidavit filed by the person desiring to purchase the land were false, or…
- § 7529 Upon the filing with the commission of a copy of the final judgment of the court, the commission shall, if the judgment of the court cancels the location or…
- § 7530 Any person desiring to purchase lands, as provided in this article, which have been segregated by authority of the United States, but which have not been…
- § 7531 All payments shall be made by the purchaser to the county treasurer of the county in which the land is situated. The treasurer shall receive the amounts to be…
- § 7532 Upon the first day of July of each year the county treasurer shall prepare a report showing all moneys received for swamp and overflowed and tide lands during…
- § 7533 These reports shall be forwarded to the commission, and upon receipt thereof the commission shall enter the payment so reported to the credit of the purchaser,…
- § 7534 The county treasurer shall retain all money arising from the sale of swamp and overflowed lands and place it to the credit of a separate trust fund or trust…
- § 7535 If a reclamation district is organized in any county, the board of supervisors of each county in which any portion of the lands of the district are located,…
- § 7536 If any expenses pertaining to land in a reclamation district have been paid from the county swamp-land fund including expenses for attorney’s fees in the…
- § 7537 Sections 7535 and 7536 do not apply to districts upon which controller’s warrants are outstanding, until after all of the warrants are paid.
ARTICLE 3. Provisions Relating to All Swamp and Overflowed Lands §§ 7551–7556 · 7 sections
- § 7551 Settlers upon swamp and overflowed lands belonging to the State who occupy such lands for farming or grazing purposes, and whose occupation is evidenced by…
- § 7552 Lands within this State which are returned by the United States as swamp and overflowed lands, and shown as such on approved township plats, shall, as soon as…
- § 7552.5 Where lands above the ordinary high-water mark, granted to the state by the Arkansas Swamp Lands Act, Act of September 28, 1850, have been conveyed into…
- § 7553 When the original patent to swamp and overflowed land of the State has been lost or destroyed, and is not of record in the county where the land is situate,…
- § 7554 Any person having a vested interest in any swamp and overflowed land, covered by a patent lost or destroyed, and not of record in the county where the land is…
- § 7555 (a) In a case in which the state has sold lands acquired by it as swamp and overflowed lands, the person claiming or deraigning title to any lands through or…
- § 7556 All swamp and overflowed lands within one mile of the State Prison at San Quentin, within the City and County of San Francisco, City of Oakland, or within five…
CHAPTER 3. Sale of Inland Lake and Unsegregated Swamp and Overflowed Lands §§ 7601–7609 · 9 sections
- § 7601 Any person desiring to purchase any of the lands uncovered by the recession or drainage of the waters of inland lakes, and inuring to the State by virtue of…
- § 7602 Upon the filing of such application, if the land has not been sectionized, the commission shall authorize the county surveyor of the county where the whole or…
- § 7603 No application to purchase land under this chapter shall be approved until the expiration of 90 days from the filing thereof, and meanwhile the land is subject…
- § 7604 The lands designated in this chapter shall be sold at the price fixed by the commission.
- § 7605 If any of the lands described in this chapter are suitable for cultivation without reclamation, they shall be sold only to actual settlers in tracts not…
- § 7606 Any of the lands designated in this chapter which, by reason of periodical overflow, need, and are susceptible of, reclamation, may be reclaimed by the…
- § 7607 When land has been sold under this chapter, no contest can be maintained against the purchaser on the ground that the land is not of the character stated in…
- § 7608 All uncanceled certificates of purchase and patents issued prior to May 20, 1907, and payments made prior to May 20, 1907, for any lands as swamp and…
- § 7609 All plats of any of the lands described in Section 7601, which were made prior to May 20, 1907, under authority of the United States Surveyor General, and…
CHAPTER 4. Provisions Relating to Public Lands Generally §§ 7705–8030 · 54 sections
ARTICLE 1. Applications for Purchase of Lands §§ 7705–7706 · 2 sections
- § 7705 No application for the purchase of state lands shall be accepted for filing for land situated in more than one county, or land situated in more than one United…
- § 7706 Each application for lands shall be accompanied by a reasonable filing fee, not in excess of one hundred dollars ($100), as prescribed by the commission by…
ARTICLE 2. Payments, Certificates of Purchase, and Patents §§ 7723–7733 · 8 sections
- § 7723 Certificates of purchase, and all rights acquired thereunder, are subject to sale, by deed or assignment, executed and acknowledged before any officer…
- § 7724 All such sales shall, when the deed or assignment is recorded by the county recorder, be reported by him to the commission, to be entered in its books.
- § 7725 The recorder is entitled to receive from the purchaser, for making such report, a fee of fifty cents ($0.50).
- § 7729 Whenever a person becomes entitled to a patent, the commission, upon the surrender of the full-paid certificate of purchase or the submission of an affidavit…
- § 7730 The patent or deed shall then be signed by the Governor, attested by the Secretary of State, sealed with the Great Seal of the State of California, and…
- § 7731 No patent shall issue until the lands are relinquished to the State by authority of the General Land Office at Washington. Such relinquishment is not required…
- § 7732 The commission shall record all patents in books to be kept in its office for that purpose, and then deliver them to persons entitled thereto.
- § 7733 Where a patent for lands is issued in the name of a deceased person, the title is vested in the heirs, devisees, or assignees of such person in the same manner…
ARTICLE 6. Contests §§ 7921–7927 · 7 sections
- § 7921 When a contest arises before the commission concerning the approval of a survey or location, or concerning a certificate of purchase or other evidence of…
- § 7922 After such order is made, either party may bring an action in the superior court of the county in which the land in question is situated, to determine the…
- § 7923 Any person, legally qualified to purchase from the State public lands of the same character as the land involved in the action, may, after such order of…
- § 7924 When any contest arises as provided for in this article there shall be filed with the commission a statement by the contestant of the grounds of contest, and…
- § 7925 When a copy of the final judgment of the court is filed with the commission, it shall approve the survey or location, or issue the certificate of purchase or…
- § 7926 Unless the party contestant commences his action within 60 days after the order of reference is made, his rights in the premises and under his application…
- § 7927 Whenever the commission receives a plat of a survey pursuant to the provisions of Section 27564 of the Government Code, any action by the commission to contest…
ARTICLE 7. Correction of Incorrect Descriptions of Patented Lands §§ 7951–7958 · 8 sections
- § 7951 When payment has been made in full for any lands which were public lands of the State and a patent has been issued therefor, and the purchaser or his successor…
- § 7952 After the map or plat and field-notes constituting the survey have been made, the field-notes and the map or plat shall be submitted to the commission for…
- § 7953 After the filing and recording of the map or plat and field-notes, the purchaser or his successors in interest holding lands under such patent may file a…
- § 7954 Upon the filing of the petition, the court shall set a day for the hearing thereof not less than 20 days from the date of the filing of the petition. A copy of…
- § 7955 If, after the hearing, the court is satisfied that the descriptions as corrected are the true descriptions, it shall render a decree confirming the…
- § 7956 The cost of making the survey, map or plat and field-notes and all other necessary costs incurred in a suit brought under this article shall be apportioned…
- § 7957 Certified copies of the decree entered in the suit shall be filed in the office of the county recorder and in the office of the commission.
- § 7958 Any number of land owners whose lands are contiguous or would be affected by the decree may unite in one petition under this article.
ARTICLE 8. Procedure on Improper Sales and Abandonment of Entries §§ 7971–7977 · 7 sections
- § 7971 If any land was not the property of the State, at the date application was filed therefor, or if the land applied for was swamp and overflowed land but the…
- § 7972 In all cases where money has been paid since the passage of the act of March 20, 1889, on account of the purchase price of lands where the certificates or…
- § 7973 The authority of the commission to issue such certificate and likewise the authority of the auditor and Controller to issue their warrants, as provided in…
- § 7974 If the land sold was swamp and overflowed, the county auditor of the county in which the land is situated shall, upon the surrender to him of the certificate…
- § 7975 Whenever a purchaser of land upon credit desires to abandon the location or entry made by him, he may do so by conveyance of his title to the State and…
- § 7976 Whenever any person has, in conformity with law, conveyed any land to the State by quitclaim deed, duly executed, delivered, and accepted by the commission,…
- § 7977 Upon the issuance of such patent, the commission shall make and issue to the patentee therein named, his heirs, assigns, and successors in interest, a…
ARTICLE 9. Miscellaneous Provisions Relating to State Lands §§ 7991–7993 · 3 sections
- § 7991 The shore and the bed of the ocean or of any navigable channel or stream or bay or inlet within the State, between ordinary high and low water mark, over which…
- § 7992 If any person, under any pretense of any claim inconsistent with the sovereignty and jurisdiction of the State, intrudes upon any of the waste or ungranted…
- § 7993 When State lands, upon which the full purchase price has not been paid, have been sold to the State for delinquent taxes and the deed therefor to the State has…
ARTICLE 10. State Maps and Surveys §§ 8001–8025 · 18 sections
- § 8001 As used in this article, “department” means the Department of Water Resources.
- § 8002 The state base map shall consist of complementary planimetric, mosaic, and topographic maps prepared in units of convenient size and scale.
- § 8003 The state base maps shall have delineated thereon plane rectangular coordinates which shall conform to the provisions of Division 8 (commencing at Section…
- § 8011 The department shall investigate mapping; shall prepare a complete report thereon including plans and recommendations for an adequate mapping program for…
- § 8012 The technical methods used in preparation of the state base map, the terms of the contract, the specifications, and acceptance of the base maps or units…
- § 8013 The department may enter into cooperative agreements with any department of the State qualified in the making and using of surveys and maps for the performance…
- § 8014 The department may enter into contracts with public and private agencies for mapping and surveys not now the direct responsibility of existing state agencies…
- § 8014.5 With the approval of the Director of General Services the department may enter into cooperative agreements with the federal government or any agency or…
- § 8015 The department is authorized to accept grants from the Federal Government or any of its agencies, or from any county, city and county, or city or other…
- § 8016 To enable the coordination of the programs of the several map-making agencies, the department shall cause data to be assembled covering the various types of…
- § 8017 The department shall collect information relative to maps and surveys of the State of California or parts thereof and provide a public information service for…
- § 8018 The Department of Water Resources may reproduce copies of maps and survey data of the state which are not otherwise available to the general public. Such…
- § 8019 The department shall prepare and distribute to public officials, uniform specifications and regulations for aerial photographic mapping procedure and for the…
- § 8020 On the requests of the state departments the Department of Water Resources shall prepare specifications for the making of maps of the various types suited to…
- § 8022 No part of any money appropriated or otherwise made available to carry out the provisions of this article shall be expended for the original production of maps…
- § 8023 All money received for matching purposes shall be deposited in the Water Resources Revolving Fund and shall be expendable for paying expenses incurred pursuant…
- § 8024 All money received from the sale of maps or reports and data related thereto shall be deposited in the General Fund.
- § 8025 The Department of Water Resources shall keep a record of all expenditures chargeable against each portion of the Water Resources Revolving Fund derived from…
ARTICLE 11. Exemption From Condemnation § 8030 · 1 section
- § 8030 Notwithstanding any other provision of law, all 16th and 36th sections, both surveyed and unsurveyed, owned by the state or the United States, which are now or…
CHAPTER 5. Sale of University Lands §§ 8101–8106 · 6 sections
- § 8101 The Regents of the University of California may order the selection of the 150,000 acres of land granted to the State for the use of an agricultural college,…
- § 8102 The land agent of the university, as the agent of the State, shall select the lands according to the instructions of the board, and issue certificates of…
- § 8103 All moneys, securities, or other properties arising from the sale of the 72 sections granted to the State for a seminary of learning, and from the sale of the…
- § 8104 All persons who have purchased any portion of either of the grants mentioned in Section 8103, and who have not paid in full therefor, shall be included in the…
- § 8105 Whenever any resident of this state desires to purchase any part of the 150,000 acres of land granted to the state for the use of an agricultural college, the…
- § 8106 When a contest arises between two or more persons concerning the right of such persons to purchase any portion of the land granted to the State for the use of…
PART 4. FEDERAL LANDS §§ 8301–8558 · 21 sections
CHAPTER 1. Sites for Aids to Navigation § 8301 · 1 section
- § 8301 The commission, on application therefor by a duly authorized agent, may convey to the United States a tract of land that does not exceed 10 acres, belonging to…
CHAPTER 3. Conveyances by Counties for National Park Purposes §§ 8401–8403 · 3 sections
- § 8401 The boards of supervisors of the several counties may grant, transfer and convey, without consideration, any real property or interest therein now owned or…
- § 8402 Any county may exercise the right of eminent domain to acquire any property necessary or convenient for carrying out the provisions of this chapter.
- § 8403 The boards of supervisors of the several counties may do and perform all acts that may be necessary to carry out the provisions of this chapter.
CHAPTER 4. Grazing Lands §§ 8501–8558 · 17 sections
ARTICLE 1. Regulating Grazing on Federal Lands §§ 8501–8508 · 8 sections
- § 8501 As used in this article, “person” includes individuals, companies, partnerships and associations.
- § 8502 It is unlawful to graze livestock on any part of the unreserved and unappropriated public lands of the United States in this State when such grazing will or…
- § 8503 Customary or established use as graziers, otherwise than under operation of law, as used in this article, includes the continuously open, notorious, peaceable…
- § 8504 This article shall not be construed to prohibit any such established user from continuing his grazing use, as established in accordance with such customs.
- § 8505 Any person who violates any of the provisions of this article is guilty of a misdemeanor, and independently of the penalty therefor, is liable to any person…
- § 8506 The violation of any provision of this article may be restrained by injunction, issued by a court of competent jurisdiction, pursuant to the provisions of law…
- § 8507 Nothing in this article shall be construed to prohibit free transit over and rights in the public domain where such are provided by the acts of Congress.
- § 8508 This article is an exercise of the police power of the State, for the protection of the economic welfare and peace of the people of the State, and all of its…
ARTICLE 2. Cooperation with Federal Agencies in Relation to Grazing Lands §§ 8551–8558 · 9 sections
- § 8551 An act of Congress entitled “An act to stop injury to the public grazing lands by preventing overgrazing and soil deterioration, to provide for their orderly…
- § 8552 The State Lands Commission may cooperate with the Secretary of the Interior, and may, in the name of the State, exchange lands in the manner and under the…
- § 8553 The State Lands Commission is hereby designated the “State land officials” referred to in Section 9 of the Act of Congress cited in Section 8551 of this code.
- § 8554 The Department of Fish and Game is hereby designated the “official state agency engaged in the conservation or propagation of wild life” referred to in Section…
- § 8555 All moneys received by the State of California from the government of the United States pursuant to the act referred to in Section 8551, or pursuant to any…
- § 8556 The State Controller shall keep a record of the receipts from the Government of the United States on account of Federal grazing lands or districts situated in…
- § 8557 Any State or county offices or agency, or any stockmen’s association, whether incorporated or unincorporated, or any person, firm, corporation, or association…
- § 8557.5 Any money deposited in the State Treasury pursuant to Section 10 of the act of Congress referred to in Section 8551 of this code and apportioned to any county…
- § 8558 Any money deposited in the State Treasury pursuant to Section 11 of the act of Congress referred to in Section 8551 of this code and apportioned to any county…