Chapter 3 - Powers and Duties Generally

California Public Resources Code — §§ 6201-6225

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Amended by Stats. 2018, Ch. 742, Sec. 9. (SB 1493) Effective January 1, 2019.

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 Parks and Recreation, the Department of Conservation, the Department of Food and Agriculture, or any other officer, organization, agency, or institution of the state government to make that classification. It is the duty of any such officer, organization, agency, or institution to make that classification and to submit a report thereon upon the application of the commission.

Amended by Stats. 1971, Ch. 1594.

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 recorder shall file maps thereof, made by the commission, without cost to the state.

Such maps shall be the official maps of the surveys and subdivisions, and all patents, leases, or boundary line agreements issued for the lands shall refer to the maps so filed. Such maps of state lands shall be legibly drawn, printed or reproduced by a process guaranteeing a permanent record in black on tracing cloth or polyester base film. If ink is used on a polyester base film, the ink surface

shall be coated with a suitable substance to insure permanent legibility. The size of each sheet shall be 18 by 26 inches. A marginal line shall be drawn completely around each sheet, leaving an entire blank margin of one inch. The scale of the map shall be large enough to show all details clearly and enough sheets shall be used to accomplish this end. The particular number of the sheets and the total number of sheets comprising the map shall be stated on each of the sheets and its relationship to each adjoining sheet shall be clearly shown.

Added by Stats. 1941, Ch. 548.

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 have been sold by the State, for which certificates of purchase, patents, or deeds have issued, during the year preceding, certified lists of such lands or lots, giving a description of the lands or lots, the names of the purchasers, and the amount of principal unpaid, if any, on the first Monday in March.

Added by Stats. 1941, Ch. 548.

The commission shall, when required, survey and mark the boundary lines of counties and cities.

Added by Stats. 1941, Ch. 548.

The commission shall provide the necessary record books and cause all lists or patents for lands from the United States to be recorded therein.

Amended by Stats. 2009, Ch. 643, Sec. 32. (SB 832) Effective November 2, 2009.

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 patents, in accordance with an act of Congress approved June 21, 1934 (Public No. 440-73d Congress) entitled “An Act Authorizing the Secretary of the Interior to issue patents to the numbered school sections in place, granted to the States by the act approved February 22,

1889, by the act approved January 25, 1927 (44 Stat. 1026), and by any other act of Congress.”

Added by Stats. 1941, Ch. 548.

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 the survey or location, and the date of the approval.
(b)The name of the locator, the description of the lands by legal subdivisions, the price per acre at which they are sold, the amount paid, the date of payment, and the number and date of the certificate of purchase.
(c)The date of the patent, when it has been

issued.

Added by Stats. 1941, Ch. 548.

The commission shall also keep plats of such lands, upon which all approved locations and surveys shall be designated by their numbers.

Added by Stats. 1941, Ch. 548.

When certificates of purchase or patents are issued, the fact shall be noted on the plats.

Added by Stats. 1941, Ch. 548.

The commission shall represent the State in all contests between it and the United States in relation to public lands.

Added by Stats. 1951, Ch. 655.

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 amendatory or supplementary thereof, it shall request the United States Supervisor of Surveys to fix a place, convenient of access by the witnesses, and the time for taking such testimony.

It may require the Attorney General to attend and represent the State at the taking of such testimony. Not more than one thousand five hundred dollars ($1,500) shall be allowed in any one year for traveling expenses pursuant to this section.

Added by Stats. 1941, Ch. 1241.

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 lands, for sale.

Amended by Stats. 1975, Ch. 1205.

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 rights-of-way for highways and for use in protecting highways from damage or destruction by natural forces.

Added by renumbering Section 6210.3 (as amended by Stats. 1947, Ch. 887) by Stats. 1949, Ch. 269.

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 not provided by public road or roads, or otherwise, shall ever be sold, leased or rented, without reserving to the people of the State an easement across the lands for convenient access to such waters.

Amended by Stats. 1959, Ch. 240.

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 subject to any existing easements or rights-of-way issued by the State prior to the time of conveyance.

Added by renumbering Section 6210.4 by Stats. 1949, Ch. 269.

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 without reserving therefrom to the State and its successors in interest in the other lands, an easement for convenient access to the other lands.

Added by Stats. 2021, Ch. 715, Sec. 3. (AB 1390) Effective January 1, 2022.

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 the easement is in the best interests of the state.

Added by renumbering Section 6210.6 by Stats. 1951, Ch. 332.

The commission may amend or terminate any lease, easement, or contract under its jurisdiction, with the consent of the other party thereto.

Amended by Stats. 1975, Ch. 1205.

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 equal or greater value, such abandoned river or slough channel to the abutting property owners or to anyone having an equitable interest therein. A patent for the land sold shall be issued in the name of the applicant. The commission shall send the patent to the Governor, together with a certificate stating that the laws in relation thereto have been complied with, that payment in full has been made, and that the person named in the prepared patent is entitled to it. The patent so issued shall inure to the benefit of

the assigns, grantees, or successors in interest of said original applicant.

Amended by Stats. 1975, Ch. 1205.

If the commission has public land, including school land, tide or submerged lands, and lands subject to the public trust for commerce, navigation, and fisheries, to which there is no access available, it may, in the name of the state, acquire by purchase, lease, gift, exchange, or, if all negotiations fail, by condemnation, a right-of-way or easement across privately owned land or other land that it deems necessary to provide access to such public land.

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