Chapter 7Acquisition of Shore Line Property

Section § 880

Explanation

If there's a strip of land up to 300 feet wide between a state highway and the Pacific Ocean or its bays, it can be added to the highway's land purchase.

If the land isn't needed for the highway, it can be given to the State Park and Recreation Commission to be used for public recreation like parks and beaches.

However, if the land is more suitable for things like railroads, docks, or is producing oil and gas, it's better to use it commercially unless people decide an easement is useful for recreational travel and fishing. In such cases, only a walkway can be made.

Where land not exceeding 300 feet in width intervenes between the right-of-way line of a state highway, either existing or to be constructed, and the mean high tide line of the Pacific Ocean, or bays or estuaries thereof, the land may be acquired as a part of the highway right-of-way acquisition.
Land heretofore or hereafter so acquired may, except when required, in whole or in part, for state highway widening or other state highway requirements, be transferred to the control of the State Park and Recreation Commission and, when so transferred, shall be dedicated in perpetuity for beach, park, and recreational purposes for the benefit and use of the public. However, where such land which is not necessary for state highway purposes is producing oil, gas, or other hydrocarbons, or is within a distance of 660 feet from a producing oil or gas well, then if by a majority vote of the State Park and Recreation Commission and the California Transportation Commission it is determined that the acquisition of an easement thereof is desirable, and if the portion thereof lying between the mean high tide line and the extreme high tide line is not occupied by any well and adequate well sites exist on the remainder of the property, then, in accordance with this section, an easement may be acquired upon and over the portion of such land lying between the mean high tide line and the extreme high tide line as a right-of-way for persons traveling on foot and on horseback and for fishermen and for bathers.
If such land is more valuable for commercial purposes than for recreational purposes by reason of its use or suitability for railroad rights-of-way, docks, wharves, or other shipping or industrial purposes, or is producing oil, gas, or other hydrocarbons, or is within a distance of 660 feet from a producing oil or gas well, or is being zoned by the proper public authority for important commercial development, it shall not be acquired for such park or recreational purposes.
state highway right-of-way mean high tide line State Park and Recreation Commission public recreational use commercial purpose land use oil and gas production easement acquisition beach and park dedication intervening land highway land acquisition land transfer foot and horseback travel fishermen access commercial zoning public land use policy
(Amended by Stats. 1980, Ch. 777, Sec. 79.)

Section § 881

Explanation

This section of the law explains that the Department of Transportation can make agreements with the State Park and Recreation Commission to purchase and transfer property for parks or beaches. These agreements require the Commission to pay for the costs from its own funds.

However, the law also makes it clear that this doesn't limit the Department's other powers to buy property needed for highways, including coastal areas. The Department or the California Transportation Commission is not obligated to buy or transfer property for parks if it's not practical or beneficial.

Contracts may be entered into between the department and the State Park and Recreation Commission for those acquisitions and transfers specified in Section 880, which contracts shall provide for the payment into the State Highway Account of the entire cost of such acquisition from any appropriation made to the State Park and Recreation Commission for acquisition of beaches or parks.
Nothing in this chapter shall be deemed a limitation on the authority granted to the department under any other provision of this code, or under other law, to acquire property for highway purposes, including beach and shore line property, and nothing in this chapter shall require the department or the California Transportation Commission to acquire for, or to transfer to, the State Park and Recreation Commission any property required for state highway purposes, or to acquire any property for state park system purposes, when, in the opinion of the California Transportation Commission, the acquisition of such property is not practicable or in the public interest.
Department of Transportation State Park and Recreation Commission property acquisition highway purposes state parks beach acquisition property transfer public interest California Transportation Commission coastal property funding agreements state park system practical acquisition public interest evaluation
(Amended by Stats. 1980, Ch. 777, Sec. 80.)