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Reference

Pertinent Text of Tidelands Grants to LB


For our readers' reference, LBReport.com posts below pertinent land use text in four major legislative grants governing the use of tidelands in LB.

At their April 24, 2001 meeting, two of three members of the CA State Lands Commission questioned whether some of the presently planned uses for QW Bay (including a movie theater) are consistent with the grants. Commission members invited LB city staff and Lands Commission staff to devise creative solutions that increase public tidelands benefits. The matter may be resolved at the Lands Commission's June meeting.

LBReport.com posts the pertinent land use sections the grants below so you can read them and draw your own conclusions. We've omitted portions dealing with oil and gas extraction and the like.

1911 Grant
(Chapter 676, Statutes of 1911)

An act granting to the city of Long Beach the tidelands and submerged lands of the State of California within the boundaries of the said city.

(Approved May 1, 1911)

The people of the State of California, represented in senate and assembly, do enact as follows:

Section 1. There is hereby granted to the city of Long Beach...all the right, title and interest of the State of California, held by said state by virtue of its sovereignty, in and to all the tide lands and submerged lands, whether filled or unfilled, within the present boundaries of said city, and situation below the line of mean high tide of the Pacific Ocean, or of any harbor, estuary, bay or inlet within said boundaries, to be forever held by said city...in trust for the uses and purposes, and upon the express conditions following, to wit:

(a) That said lands shall be used by said city...solely for the establishment, improvement and conduct of a harbor, and for the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays, and other utilities, structures and appliances necessary or convenience for the promotion and accommodation of commerce and navigation, and said city...shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose whatsoever; provided, that said city...may grant franchises thereon, for limited periods, for wharves and other public uses and purposes, and consistent with the trusts upon which said lands are held by the State of California and with the requirements of commerce or navigation at said harbor;
...

Reserving, however, in the people of the State of California the absolute right to fish in the waters of said, harbor, with the right of convenient access to said waters over said lands for said purpose.

1925 Grant
(Chapter 102, Statutes of 1925)

An act granting certain tidelands and submerged lands of the State of California to the City of Long Beach upon certain trusts and conditions.

(Approved by the Governor April 28, 1925)

The people of the State of California do enact as follows:

SECTION 1. There is hereby granted to the City of Long Beach...all of the right, title and interest of the State of California...held by said state by virtue of its sovereignty, in and to all of the tidelands and submerged lands, whether filled or unfilled bordering upon, under, and situated below the mean high tide line of the Pacific Ocean, or of any harbor, estuary, bay or inlet, which are within the corporate limits of said city, to be forever held by said city...in trust for the uses and purposes and upon the express conditions following, to wit:

(a) That none of said lands shall be used or devoted to any purposes other than public park, parkway, highway, playground, the establishment, improvement and conduct of a harbor and the construction, maintenance and structures and appliances necessary or convenient for the promotion and accommodation of commerce and navigation; and said city...shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose whatsoever; provided, however, that nothing herein contained shall be so construed as to prevent the granting or use of easements, franchises or leases for limited periods, or rights of way in, under, over or across said tidelands or submerged lands for power, telephone, telegraph or cable lines or landings, sewage disposal conduits, wharves or other public uses and purposes consistent with the trusts upon which said lands are held;
...

(d) The absolute right to fish in the waters of the Pacific Ocean over said tidelands and submerged lands, with the right of convenient access to said waters over said lands for said purpose is hereby expressly reserved to the people of the State of California.

1935 Grant
(Chapter 158, Statutes of 1935)

The people of the State of California do enact as follows:

SECTION 1. Section 1 of the act cited in the title hereof, is hereby amended as follows:

Section 1. There is hereby granted to the city of Long Beach...all of the right, title and interest of the State of California, held by said State of California by virtue of its sovereignty, in and to all of the tidelands and submerged lands, whether filled or unfilled, bordering upon, under or situated below the mean high tide line of the Pacific Ocean, or of any harbor, estuary, bay or inlet, which are within the corporate limits of said city, to be forever held by the city...in trust for the uses and purposes and upon the express conditions following, to wit:

(a) That none of said lands shall be used or devoted to any purposes other than public park, parkway, highway, playground, the establishment, improvement or conduct of a harbor and the construction, maintenance and operation thereon of wharves, docks, piers, slips, quays and other utilities, structures and appliances necessary or convenient for the promotion and accommodation of commerce and navigation; and said City...shall not, at any time, grant, convey, give or alien said lands, or any part thereof, to any individual, firm or corporation for any purpose whatsoever; provided, however, that nothing herein contained shall be so construed to prevent the granting or use of easements franchises or leases for limited periods, or rights of way in, under, over or across said tidelands or submerged lands for power, telephone, telegraph or cable lines or landings, sewage disposal conduits, wharves or other public uses and purposes consistent with the trusts upon which said lands are held, or the leasing or use of such tidelands or submerged lands for limited periods for the construction, maintenance, and operation of non-profit benevolent and charitable institutions organized and conducted for the promotion of the moral and social welfare of seamen, naval officers and enlisted men, and other persons engaged in and about the harbor and commerce, fishery, and navigation.

1959 Grant
(Chapter 1560, Statutes of 1959)

An act relating to the further use and development of certain tide and submerged lands heretofore conveyed in trust to the City of Long Beach, and providing for the government, management and control thereof.

The people of the State of California do enact as follows:

SECTION 1. As used in this act, "tide and submerged lands" means those certain tide and submerged lands heretofore conveyed to the City of Long Beach upon certain trusts and conditions by Chapter 676, Statutes of 1911, Chapter 102 Statutes of 1925 and Chapter 158, Statutes of 1935.

SECTION 2. Without limiting in any way the scope or generality of the uses and purposes heretofore authorized and prescribed in paragraph (a) of Section 1 of each of the respective acts hereinabove referred to, but in addition thereto, said city, or its successors, may devote so much of said tide and submerged lands as it finds is not required for and will not interfere with the uses and purposes so authorized and prescribed in each of said paragraphs (a), to such further use and development as will, in its finding, yield maximum profits to be used by said city in the furtherance of the trust uses and purposes. The city may, in devoting such property to any such additional use or development, as provided in this section, enter into agreements, contracts or leases with respect thereto; provided, (1) that no such agreement, contract or lease shall be for a term exceeding 50 years, subject, however, to the right of renewal thereof by the city for a further term not to exceed 25 years; and (2) that all such agreements, contracts or leases shall be made upon competitive bids after such public advertising, inviting proposals or bids therefor, as said city, or its successors, deem sufficient. Any such agreement, contract or lease shall be awarded to the person whose bid will yield the aforesaid maximum profits, taking into consideration the proposed term.


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