General Provisions - - CA Public Resources

Section § 8600

This law is known as the Kapiloff Land Bank Act, a designation for this specific division.

This division shall be known and may be cited as the Kapiloff Land Bank Act.

Kapiloff Land Bank Act land bank land management land preservation real estate conservation public lands state property environmental protection land use regulation California land bank Kapiloff Act land conservation sustainable land use

(Added by Stats. 1982, Ch. 1471, Sec. 1.)

Section § 8601

This section defines specific terms used in relation to land and environmental projects handled by the State Lands Commission in California. It establishes that the 'Commission' refers to the State Lands Commission, and the 'Fund' refers to the Land Bank Fund. The 'Trustee' is the State Lands Commission in charge of this Fund. 'Title settlements' are specific land transactions, like exchanges or agreements, that help resolve disputes over public land ownership. 'Mitigation' involves actions taken to reduce negative environmental impacts required for project approval, and a 'Project' refers to any property development that affects wetlands.

Unless the context otherwise requires, the definitions in this section govern the construction of this division.

(a) “Commission” means the State Lands Commission.

(b) “Fund” means the Land Bank Fund created pursuant to Section 8610.

(d) “Title settlements” means exchanges pursuant to Sections 6307 and 6307.1 and any agreements between the commission and others as a part of, or in lieu of, litigation in compromise settlements of public trust title questions, including real property exchanges, boundary determinations, or other means leading to a resolution of those questions and the necessary conveyances or other documentation provided by the agreements.

(e) “Mitigation” means any measure to mitigate adverse environmental impacts that are lawfully imposed as a condition to the issuance of a permit or other authorization to undertake a project.

(f) “Project” means, for purposes of mitigation only, any improvement to real property that adversely impacts existing or former wetlands.

State Lands Commission Land Bank Fund public trust title land exchanges litigation settlement environmental mitigation real property improvement wetlands impact boundary determinations trustee title disputes permit conditions property development environmental impacts land transactions

(Amended by Stats. 2002, Ch. 432, Sec. 2. Effective January 1, 2003.)

Section § 8602

This section highlights the importance of wetlands for California's environment, economy, and society. It acknowledges disputes regarding public trust rights in waterways, which can hinder land development and preservation. To balance these interests, the state finds that settling these disputes is good policy, as it avoids lengthy legal battles. Additionally, the state requires measures to lessen the negative environmental impacts of projects, especially in sensitive areas like wetlands. To support timely project completion, the state aims to facilitate these processes efficiently.

The Legislature finds and declares as follows:

(a) Wetlands are essential to the environmental, economic, and social well-being of the people of the State of California.

(b) In many instances, uncertainty and disputes exist with respect to the existence or nonexistence of a public trust right, title, or interest within or along waterways of the state. This uncertainty results in impeding both the development of these lands by owners of the private property interests and preservation and public use of public trust lands, and, therefore, in the interest of protecting, enhancing, and preserving the public trust on the one hand, while permitting reasonable use and development where appropriate on the other hand, title settlements will result in the avoidance of substantial delays, uncertainties, and cost to all parties of protracted litigation, and constitute sound public policy.

(c) State policy requires the examination of mitigation measures for all projects having a potentially significant adverse impact on the environment.

(d) State law further requires the adoption of mitigation measures for projects having a significant impact on certain environmentally sensitive areas, including wetlands.

(e) So that projects can be expeditiously commenced and completed, it is in the state’s interest to facilitate their completion through the provisions of this division.

wetlands public trust rights land development environmental impact mitigation measures project completion environmentally sensitive areas waterways economic well-being social well-being title settlements litigation avoidance environmental preservation state policy project facilitation

(Added by Stats. 1982, Ch. 1471, Sec. 1.)