Bill Text: CA SB968 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Public lands: Martins Beach property: access road.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State. Chapter 922, Statutes of 2014. [SB968 Detail]

Download: California-2013-SB968-Chaptered.html

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BILL NUMBER: SB 968	CHAPTERED
	BILL TEXT

	CHAPTER  922
	FILED WITH SECRETARY OF STATE  SEPTEMBER 30, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 30, 2014
	PASSED THE SENATE  AUGUST 21, 2014
	PASSED THE ASSEMBLY  AUGUST 20, 2014
	AMENDED IN ASSEMBLY  AUGUST 18, 2014
	AMENDED IN ASSEMBLY  JUNE 30, 2014
	AMENDED IN ASSEMBLY  JUNE 9, 2014
	AMENDED IN SENATE  MAY 27, 2014
	AMENDED IN SENATE  APRIL 9, 2014

INTRODUCED BY   Senator Hill
   (Coauthors: Assembly Members Mullin and Stone)

                        FEBRUARY 10, 2014

   An act to add Section 6213.5 to the Public Resources Code,
relating to public lands.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 968, Hill. Public lands: Martins Beach property: access road.
   (1) Existing law establishes the State Lands Commission in the
Natural Resources Agency and prescribes the functions and duties of
the commission. Under existing law, the commission has jurisdiction
over various state lands, including coastal lands. Existing law
authorizes the commission to acquire a right-of-way or easement
across private land in certain circumstances by purchase, lease,
gift, exchange, or condemnation.
   This bill would require the commission to consult, and enter into
any necessary negotiations, with the owners of a specified property
known as the Martins Beach property, as described, in the
unincorporated area of the County of San Mateo, to acquire a
right-of-way or easement for the creation of a specified public
access route to and along the shoreline, including the sandy beach.
If the commission is unable to reach an agreement to acquire that
right-of-way or easement or the owners do not voluntarily provide
public access by January 1, 2016, the bill would authorize the
commission to acquire a right-of-way or easement for the creation of
that public access route to and along the shoreline, including the
sandy beach, at Martins Beach, as prescribed. The bill would require
the commission to consult and enter into negotiations with local
stakeholders, as described, to address the ongoing management and
operation of any property acquired pursuant to these provisions.
   (2) The bill would declare that due to the unique circumstances
and features of the Martins Beach property, a general statute within
the meaning of specified provisions of the California Constitution
cannot be made applicable and a special statute is necessary.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 6213.5 is added to the Public Resources Code,
to read:
   6213.5.  (a) (1) The commission shall consult, and enter into any
necessary negotiations, with the owners of the property known as
Martins Beach, consisting of two parcels of land, APN: 066-330-230
and APN: 066-330-240, in the unincorporated area of the County of San
Mateo, to acquire a right-of-way or easement, pursuant to Section
6210.9, for the creation of a public access route to and along the
shoreline, including the sandy beach, at Martins Beach at the South
Cabrillo Highway.
   (2) This section does not prohibit the owners of the property from
voluntarily providing public access to and along the shoreline at
Martins Beach upon terms acceptable to the commission.
   (b) If the commission is unable to reach an agreement to acquire a
right-of-way or easement or the owners do not voluntarily provide
public access pursuant to subdivision (a) by January 1, 2016, the
commission may acquire a right-of-way or easement, pursuant to
Section 6210.9, for the creation of a public access route to and
along the shoreline, including the sandy beach, at Martins Beach at
the South Cabrillo Highway, in accordance with the procedures set
forth in Title 7 (commencing with Section 1230.010) of Part 3 of the
Code of Civil Procedure.
   (c) The commission shall consult and enter into negotiations with
local stakeholders, including, but not limited to, nonprofit entities
and local and regional governments and governmental entities, to
address the ongoing management and operation of any property acquired
pursuant to this section.
  SEC. 2.  Due to the unique circumstances and features of the
Martins Beach property, the Legislature finds and declares that a
general statute cannot be made applicable within the meaning of
Section 16 of Article IV of the California Constitution. Therefore,
the special legislation contained in Section 2 of this act is only
applicable to that property in the County of San Mateo.