Purpose and History of the State Lands Commission

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Silas Harrington
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1 Purpose and History of the State Lands Commission And more importantly. A Valuable Resource for the Boundary Surveyor 1 The State Lands Commission Is: Made up of Lieutenant Governor Gavin Newsom State Controller John Chiang State Director of Finance Michael Cohen Staff of over Main Divisions 2 1

2 Purpose of the CSLC The staff of the California State Lands Commission serves the people of California by providing stewardship of the lands, waterways, and resources entrusted to its care through economic development, protection, preservation, and restoration. -CSLC Mission Statement 3 The Public Trust Doctrine The state s title to its tide and submerged lands is a title held in trust for the people of the state so that those citizens may enjoy the navigation of the waters, carry on commerce over them, and have liberty of fishing free from obstruction or interference from private parties. Illinois Central R.R. Co. v. Illinois (1892) 146 U.S. 387,

3 Jurisdiction of the CSLC Sovereign Lands of the State School Lands & In Lieu Lands Swamp & Overflowed Lands Other Federally Granted Lands to the State Certain Acquired Lands 5 California s Sovereign Lands Tide and submerged lands and the beds of lakes, streams, and other navigable waterways** are held in trust by the State of California for the benefit of the people of California * 4 million acres * 120+ rivers and sloughs * 40+ lakes * miles of coastline * Thousands of miles of non-coastal shorelines * 3 naut. miles offshore ** The beds of non-tidal, non-navigable waterways are not under the jurisdiction of the CSLC 6 3

4 State received every Section 16 and 36 within each Township Granted to State to sell or manage to establish & support public schools School Lands 5.5 million acres originally Approx. 468,000 remain 7 School Lands State selected and was granted In Lieu Lands where Sections 16 or 36 were unsuitable or unavailable. Status sheet for School or In Lieu Lands 8 4

5 Other Federal Grants 500,000 Acre Grant for internal improvements University Lands (72 Acres) 10 Sections for construction of public buildings 150,000 Acre Grant for an agricultural college Swamp & Overflowed Lands 9 Swamp & Overflowed Lands Granted to State per U.S. Act of 1850 (Arkansas Swamplands Act) Swamp lands require drainage to make fit for cultivation Northern California Aerial Surveys,

6 Swamp & Overflowed Lands Northern California Aerial Surveys, Overflowed lands are periodically covered by water and require drainage and levees or embankments to make fit for cultivation. 11 Swamp & Overflowed Lands Lie above the OHWM, segregated from more arable uplands during original GLO surveys. 12 6

7 Authority of the State Lands Commission 13 Public Resources Code 6301: Exclusive jurisdiction over tide & submerged lands, beds of navigable waterways, and in State s retained rights in lands granted to local governments or other entities. PRC : Negotiate and enter into agreements regarding offshore mineral lease activities with the federal government. 14 7

8 PRC 6302 Eject trespassers from sovereign lands 15 Sometimes it s best not to argue Send in the lawyers. 16 8

9 PRC : Remove abandoned or derelict vessels. 17 PRC 6303: Approve deposit or removal of material for purpose of improving navigation, reclamation, & flood control. PRC 6307: Title Settlements / Land Exchanges 18 9

10 PRC 6357: Boundary Line Agreements 19 History of State Lands Commission 20 10

11 Surveyor General Constitutional Officer, Held Post Duties included: Survey and Map State & County Boundaries Act as Chief Engineer of Public Improvements Ascertain, protect, manage State s title to lands (as of 1891) Administer Licenses for Surveyors 21 Department of Finance, Division of State Lands created under authority of Department of Finance Moved from Department of Finance after scandal over oil extraction leases 22 11

12 State Lands Commission, 1938-Present 23 Where Does Boundary Fit In? Within Land Management Division but supports all divisions 24 12

13 Roles of the Boundary Unit 25 Determine existence & extent of State s sovereign interest 26 13

14 Which can be quite complicated 27 Negotiate or assist negotiations for title settlements Provide information for public inquiries Support Land Management and Mineral Resources Divisions in administration of leases Prepare and review land descriptions 28 14

15 Prepare Reports & Maps for Legislative Committees Have Mapped Proposed Legislative Districts in the past 29 Determine suitability of lands proposed for acquisition by the State 30 15

16 Support Litigation Efforts Expert analysis & opinion Expert testimony Exhibit maps 31 Answer questions and provide historical prospective about title & ownership of State lands Prepare Title Evidence Reports and Boundary Analysis Reports 32 16

17 Review survey information provided to the CSLC 33 Maintain collections of modern & historic survey maps & notes, reports, aerial photos, other survey & title information 34 17

18 Create & maintain catalogs of historic records collections 35 Determine boundaries of lands under CSLC jurisdiction 36 18

19 Build & maintain GIS Participate in committees and activities of professional societies* * Not an official role. Individual employees decide whether to participate, and to what extent. 37 Field surveys 38 19

20 Beautiful Job Sites 39 Park-like settings 40 20

21 Finding great fishing holes 41 Getting there in style! 42 21

22 Boundary & Title Investigation Most lands that CSLC has jurisdiction over are either sovereign or otherwise acquired from the Federal government. Most boundaries dealt with by the CSLC are water boundaries. 43 Water Boundaries Key Considerations 44 22

23 Base Title / Source of Title Federally Owned Unsold Public Domain Military Reservation Indian Reservation Other Reservation Acquired 45 Base Title / Source of Title State Owned Sovereign By Federal Grant Acquired Held in Public Capacity, Jus Publicum Held in Proprietary Capacity, Jus Privatum 46 23

24 Base Title / Source of Title Privately Owned Federal Patent Date of Patent State Patent Spanish or Mexican Grant Senior to State Sovereignty Boundaries interpreted according to Spanish or Mexican law, or California law, whichever affords the greater property extent to the grantee. 47 Previous Title Settlement? Court Judgment State as one of the parties? Boundary Line Agreement CSLC as one of the parties? 48 24

25 Navigability and/or Tidal Influence Tidal: Boundary at Ordinary High Water Mark Non-Tidal, Navigable: Boundary at Low Water Mark Non-Tidal, Non-Navigable: Boundary at Middle of Lake or Stream (not under CSLC jurisdiction) Civil Code Navigability * People ex rel. Baker v. Mack, 19 Cal App 3d 1040 (1971) 50 25

26 Ordinary High Water Mark (OHWM), Tidal Federal Rule: The line of high water as determined by the course of [all] the tides. Borax Consolidated Ltd. v. Los Angeles, 296 US 10 (1935). California Rule: The intersection of the shore with the plane of high tide based only upon the neap tides. Teschemacher v. Thompson, 18 Cal 11 (1861), People v. Wm. Kent Estate, 242 Cal App 2d 156 (1966). 51 Low Water Mark (LWM), Tidal The intersection of the land with the water surface at the elevation of mean low water. Tide and Current Glossary, NOAA 52 26

27 53 Ordinary High Water Mark (OHWM), Non-Tidal The ordinary high water mark of a river is a natural physical characteristic placed upon the lands by the action of the river. It is placed there, as the name implies, from the ordinary flow of the river and does not extend to the peak flow or flood state so as to include overflow on the flood plain, nor is it confined to the lowest stages of the river flow. United States v. Claridge, 416 F.2d 933, at 934 (9th Cir. 1969) 54 27

28 Low Water Mark (LWM), Non-Tidal Does not leave a distinct mark on the bank. Little to no guidance from the courts. On its survey of the San Joaquin River near Mendota and Firebaugh, the CSLC analyzed historic flow data and used estimated water surface elevations per a HEC-RAS model based on topographic data from historic mapping. 55 Shoreline Processes Natural Avulsion, Accretion, Erosion, Reliction, Re-emergence Remains ambulatory if slow and imperceptible Becomes fixed at last natural location if sudden Artificial Channelization, Dredging, Fill, Jetties, Groins, Breakwaters, Piers, Dams, Weirs, Canals, Seawalls, Revetment (rip-rap), other shore protection. Generally fixed at last natural location 56 28

29 Ambulatory or Fixed Boundary? 57 Sources and Types of Information Used 58 29

30 Federal Government BLM/GLO Original Township Plats & Notes Plats & Notes of Resurveys MTPs & Patent Records Field Tablets Manuals & Special Instructions Casebook History of Fraudulent (Benson, et al) Surveys 59 Federal Government USACE/USED my.mil/ Survey & Engineering Records Debris Commission Maps Field Notes Navigability Reports Subject Matter Publications 60 30

31 Federal Government USFS Survey Maps & Records USBR Survey & Engineering Maps, Plans, & Records 61 Federal Government NOAA/NGS Control Data Sheets OPUS Subject Matter Publications NOAA-NOS Tide Data, Tide Stations Historic Tide Data Subject Matter Publications 62 31

32 Federal Government USGS Quads Historic Mapping Historic & Recent Aerials National Map Server Subject Matter Publications Nat. Park Service Boundary & Jurisdiction Maps 63 Federal Government US Department of Defense Records related to military bases & installations 64 32

33 Federal Government NARA Archived Records Historic Maps & Photos Homestead Entry Files Historic Reports IBLA Court Supreme The Daniel Ball (1870) Borax v. Los Angeles (1935) Summa v. State Lands (1984) Montana PPl v. Montana (2012) Circuit (Appellate) Statutes (current & past) US v Claridge (1969) LA v Borax (1939) District (Trial) 65 State Government DWR Survey & Engineering Records, Maps Historic Flow Data Recent & Historic Aerials Caltrans Survey & Engineering Records, Maps Recent & Historic Aerials 66 33

34 State Government Reclamation Board RW Maps, Worksheets Parks Survey Records, Maps 67 State Government Calfire Survey Records, Maps Statutes (current & past) Code of Civil Procedure Part 4, Evidence BOE LAFCO, Local Agency / Community Boundaries Statutes (current & past) Business & Professions Code Ch. 15, PLSA Civil Code Div. 2, Property 670, 830 Div. 3, Interpretation of Writings Title 1, , Interpretation of Writings Title 4, Ch. 18, Expert Witnesses Title 6, 2077, Construing Land Descriptions Evidence Code Fish & Game Code Government Code Harbors & Navigation Code* Public Resources Code Streets & Highways Code * Not conclusive as to navigability 68 34

35 State Government Courts Supreme Marks v. Whitney (1971) Berkeley v. Superior Court (1980) State v. Supr. Court (Lyon) (1981) State v. Supr. Court (Fogerty) (1981) Nat. Audobon v. Supr. Court (1983) Courts of Appeal (District) Bohn v Anderson (1951) Baker v. Mack (1971) Bess v. Humboldt County (1992) Lechuza Villas v. Coastal Comm. (1997) Bollay v. Office of Admin.Law & State Superior (Trial) Specific boundaries adjudicated as to location based upon facts specific to each case. No legal precedents applicable to other locations. Office of Administrative Hearings Bollay v. State Lands Commission (2008) Lands (2011) 69 State Government State Lands Commission Inherited Records Acquired Records Generated Records (We ll get back to this) 70 35

36 County & Municipal County Surveyor Corner Records Misc. & Unfiled Maps Field Notes County Recorder Deeds, Wills, Filed Judgments Filed Maps County Assessor APMs & Assessment Records 71 Other Local & Regional Govt. Drainage, Irrigation, County & Municipal DOT, DPW, Bldg/Planning, City Engineer and/or Surveyor Survey & Engineering Records, Maps RW Maps, Deeds Permit Records Reclamation, & Water Districts Survey & Engineering Records, Maps Historic Flow Records 72 36

37 Other Local & Regional Govt. Public Libraries Local Information News, Recent & Historical County Historical Museum Records of Retired & Deceased Local Surveyors Historic News & Journal Accounts Historic Photos Port Authorities 73 Private Entities Title Companies Historians Landowners Local Historical Societies 74 37

38 Private Entities Local Clubs (Yacht, Sportsmans, Boating) 75 Private Entities Unfiled Survey Maps (Miller & Lux Section Plat) Surveying & Engineering Companies (Map Provided with Application) 76 38

39 Private Entities Railroads 77 Private Entities Newspapers Published Works of State & Local History 78 39

40 Reference Materials Government Manuals & Reports 79 Reference Materials Current & Historic Survey Texts 80 40

41 Reference Materials Seminar Manuals & Course Materials 81 Records Inherited by the CSLC Surveyors General Reports Early Official State Maps 82 41

42 Records Inherited by the CSLC Instructions to County Surveyors BTLC Maps & Sales Records State Patent Records 83 Records Inherited by the CSLC S&O and Tidelands Records 84 42

43 Records Acquired by the CSLC Plats and Notes for GLO/BLM Surveys 85 Records Acquired by the CSLC Ranchos Summa Corp. v. California ex rel. Lands Commission (1984) 466 US 198 Township Plat Rancho Plat 86 43

44 Records Acquired by the CSLC Current & Historic Quads Mendota, 1924 & Records Acquired by the CSLC California Debris Commission Maps (USED) 88 44

45 Records Acquired by the CSLC Filed Maps, various counties 89 Records Acquired by the CSLC Unfiled boundary survey maps Survey maps with applications Surveyor General s Notes County Surveyor s Notes 90 45

46 Records Acquired by the CSLC US Coast Survey Topos & Hydros 91 Records Acquired by the CSLC Various Other Government Agency Maps & Notes 92 46

47 Records Generated by the CSLC Administrative Maps Records of Survey 93 Records Generated by the CSLC Historic Aerials (Acquired) (shown for comparison) Compilation Maps

48 Records Generated by the CSLC Boundary Line Agreements Land Descriptions & Maps for Leases, Exchanges, Settlements, and Acquisitions Boundary & Title Reports Navigability Studies 95 Records Generated by the CSLC Grant Maps MHTL Surveys 96 48

49 Records Generated by the CSLC Exhibits for Public display 97 Contact Information California State Lands Commission 100 Howe Ave., Suite 100 South Sacramento, CA (916) , Main Reception (916) , Boundary Fax (916) , Evan Page s Direct Line Evan.Page@slc.ca.gov 98 49

California Land Surveyors Association

1 California Land Surveyors Association 2 Introduction 2012 LS REVIEW Water Boundaries March 27, 2012 What are boundaries is a matter of law; where they are is a matter of fact Justice Wheeler, 1856 Today