SECTIONS 39930-39938 - California Statutes

GOVERNMENT CODE

SECTION 39930-39938

39930. As used in this article:
(a) "Navigable water" includes a harbor, bay, inlet, and estuary.
(b) "Tidelands" includes submerged lands.
(c) "Owns tidelands" means by grant from the State, or otherwise,
owns, holds, or possesses tidelands or the title to such lands.

39931. By ordinance a city which owns tidelands situated within the
city boundaries and fronting on a navigable water within the city
boundaries may fix and establish harbor lines, both pierhead and
bulkhead lines, in and for the navigable water. By ordinance the city
may change or abolish the harbor lines as the public interest or the
needs of commerce and navigation require.

39932. A city may exercise such power to the same extent which the
State may exercise it or to which the State can grant such power to a
city. Harbor lines shall not be fixed or established beyond or
outside harbor lines established by the United States.

39933. All navigable waters situated within or adjacent to city
shall remain open to the free and unobstructed navigation of the
public. Such waters and the water front of such waters shall remain
open to free and unobstructed access by the people from the public
streets and highways within the city. Public streets, highways, and
other public rights of way shall remain open to the free and
unobstructed use of the public from such waters and water front to
the public streets and highways.

39934. To secure the benefits of this article and of Article XV of
the Constitution to such city and to the people generally, a city in
which a navigable water is situated may:
(a) By ordinance establish public streets and other public rights
of way to the water over, upon, or along the tidelands in the city
fronting on the navigable water, which streets and rights of way are
required for connecting the navigable water with public streets of
the city or for any other public purpose.
(b) Lay out, open, widen, narrow, close up, construct, maintain,
and improve such streets and other public rights of way.
(c) Fill or authorize to be filled all or part of tidelands
between the streets and between the mainland and established harbor
lines. If lands are filled in, sufficient streets shall be opened and
maintained open through or adjacent to the filled lands to allow the
public convenient and adequate access to and along the water front
of the lands and to the navigable waters.

39935. The authority granted by this article may be exercised by a
city over, along, or upon the water frontage or tidelands which it
owns or which one claimed or possessed by any person.

39936. City ordinances for the laying out, establishing, opening,
constructing, maintaining, or otherwise improving of public streets
and other public rights of way adopted prior to August 10, 1913, are
confirmed and validated.

39937. When by ordinance a city declares that any right of way to a
body of navigable water in the city over, upon, or along the
frontage of city tidelands is required for any public purpose, a
person claiming or possessing such frontage or tidelands shall not:
(a) Hinder the city in laying out, establishing, opening,
constructing, or otherwise improving or maintaining the right of way.
(b) Exclude the right of way.
(c) Obstruct or prevent its free use by the city or the public
generally.

39938. Ordinances of a city owning tidelands fronting on a
navigable water situated within the city boundaries which were
adopted prior to August 10, 1913, and which fix harbor lines upon or
adjacent to such tidelands are confirmed and validated unless they
extend beyond harbor lines established by the United States.