PART 3. SALE OF PUBLIC LANDS [7301. - 8106.]
Part 3 added by Stats. 1943, Ch. 609.
§§ 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…