Any person or persons claiming any interest in or to real property which is alleged to be claimed by the State of California to be situated in the former bed of a navigable river or stream in this State, may bring suit against the State of California, in accordance with law in any court of competent jurisdiction of the State, to quiet title to such property and may prosecute the action to final judgment. If the judgment be given against the State in such suit, no costs shall be recovered against the State.
Administration and Control of State LandsQuiet Title Actions
Section § 6461
If you believe you have rights to land that the State of California claims is part of the former bed of a navigable river or stream, you can file a lawsuit against the state to establish your ownership. This process is known as 'quieting title'. You must do this in a court that has the authority to hear such cases. Even if you win the case, you won’t be able to make the state pay for your legal costs.
quiet title navigable river stream bed
Section § 6462
In a lawsuit, the legal notice (summons) must be given to both the chair of the State Lands Commission and the Attorney General. It's the Attorney General's job to defend the state in this legal case.
Service of summons in a suit shall be upon the chair of the State Lands Commission and the Attorney General and it shall be the duty of the Attorney General to represent the state in the suit.
Service of summons State Lands Commission Attorney General
Section § 6463
If you believe you have ownership of tideland based on a patent from the State of California, you can file a lawsuit against the state. This suit can help you confirm your ownership, validate the patent, or define the land's boundaries. You can pursue this lawsuit in any appropriate state court and take it to a final decision. When you serve legal papers to the state, you must follow the rules in another section (Section 6462). However, if the court rules against the state, the state will not have to pay any legal costs.
Any person or persons claiming title under a patent of tideland, issued by the State of California, may bring suit against the State, or against the State with others, in accordance with law in any court of competent jurisdiction of the State, to quiet title or otherwise determine the validity of such patent or establish boundaries of the land granted thereby or both, and may prosecute the action to final judgment. Service of summons on the State in any such suit shall be made in the manner provided in Section 6462 of this code. If judgment is given against the State in any such action or proceeding, no costs shall be recovered from the State thereunder.
tideland patent quiet title suit determine validity
Section § 6464
If you own land next to land that is underwater or affected by tides, and your title comes from a U.S. or California government document, you can file a lawsuit to officially set the boundary between your land and this water-affected land. This lawsuit can include the State alone or with others and must be filed in a suitable court within California. Follow specific procedures for notifying the State about the lawsuit. If the court rules against the State, it does not have to pay for any court costs.
Any person or persons claiming title to land adjoining tide or submerged land, herein called “adjoining land,” under a patent issued by the United States of America or the State of California, may bring suit against the State, or against the State with others, in accordance with law in any court of competent jurisdiction of the State, to fix and determine the boundary between said adjoining land and the tide or submerged land which it adjoins, and may prosecute the action to final judgment. Service of summons on the State in any such suit shall be made in the manner as provided in Section 6462 of this code. If judgment is given against the State in any such action or proceeding, no costs shall be recovered from the State thereunder.
adjoining land tide land submerged land
Section § 6465
If someone files a lawsuit under this chapter, they must provide a map or drawing of the property involved in the case if requested. This map should show where the property is located in relation to a recorded survey marker.
The complaint in any action pursuant to this chapter shall, on request, contain a plat of the property to which the action relates which shows the location of the property in relation to a monument in a survey of record.
property lawsuit plat of property survey of record
