SECTIONS 6357-6360 - California Statutes

PUBLIC RESOURCES CODE

SECTION 6357-6360

6357. The commission may establish the ordinary high-water mark or
the ordinary low-water mark of any of the swamp, overflowed, marsh,
tide, or submerged lands of this State, by agreement, arbitration, or
action to quiet title, whenever it is deemed expedient or necessary.
The amendment hereby made is declaratory of the existing law and any
such agreements heretofore made establishing the ordinary high-water
mark or the ordinary low-water mark of any of the swamp, overflowed,
marsh, tide, or submerged lands of this State hereby are ratified
and confirmed.

6358. On receipt of a request from the legislative body of a
county, city, or other political subdivision or agency of the State,
to which a legislative grant of tide and submerged lands has been or
may be made, or at its own instigation, the commission may survey,
monument, plat, and record in the office of the recorder in the
county or counties in which such lands are located, the area of state
lands described in such act of the Legislature. Whenever such survey
and plat has been made at the request of a grantee of the State, the
costs thereof shall be repaid by such grantee to the commission.

6359. Whenever by legislative enactment tide or submerged lands of
the State are granted or conveyed or authorized to be granted or
conveyed or whenever a previous enactment is amended, and no prior
survey has been made, and such act does not contain a description of
such lands by metes and bounds, the commission shall within two years
following the effective date of such act survey, monument, and
record a plat and a metes and bounds description of such lands in the
office of the county recorder in the county or counties in which
such lands are located. Upon recordation, the survey, monuments, plat
and description shall be binding upon the State, the grantee, and
their successors in interest.
No such grant or conveyance or amended grant or conveyance shall
be effective until completion of the survey and recordation. The cost
of such survey and recordation shall be paid by the person or entity
to which the grant or conveyance is made.

6360. Notwithstanding any other provision of law, the boundary line
of land lying within the Sacramento-San Joaquin Delta (as defined in
Section 12220 of the Water Code) bordering upon tidal waters or upon
a navigable stream is, for the purpose of determining boundary
location, conclusively presumed to be located at the ordinary
high-water mark when such land borders on tidal lands not validly
patented into private ownership and at the low-water mark when such
land borders upon a navigable stream where there is no tide or where
such lands consist of tidelands validly patented into private
ownership, as such high- or low-water mark exists upon the effective
date of this section and from time to time thereafter where, for a
period of not less than 30 years continuously, prior to the effective
date of this section, the following facts exist:
(a) The land including any accretion thereto has been occupied
openly and notoriously by persons claiming title thereto or their
predecessors. Land shall be deemed occupied for the purpose of this
section when protected by a substantial enclosure; or when usually
cultivated; or when improvements have been constructed thereon by the
persons claiming such title or their predecessors, including, in the
case of improvements located waterward of the landward toe of a
levee, that land surrounding such improvements as is incidental to
the usual and reasonable use of the improvements.
(b) Taxes (state, county or municipal) have been levied and
assessed during such period on such land including any accretion
thereto and such persons or their predecessors have paid all such
taxes during such period. The requirements of this subparagraph shall
be deemed to have been met during any period when the owner or
claimant to such land was exempt from ad valorem taxation.
(c) The persons claiming title or their predecessors have based
their claim upon a deed or map, or both, describing or depicting the
land including any accretion thereto, which deed or map has been
recorded in the office of the recorder of the county in which the
land is situated.
Nothing in this section shall be construed as vesting in an
adjacent or contiguous landowner title to any lands which have been
artificially filled by the landowner or his predecessors or any
public agency or which have attached to his lands as a result of an
avulsive change in the shoreline or as the result of an avulsive
change in the course of, or an artifical rechannelization of, any
river or stream, or divesting such landowner of any title which he
may have to any lands which have been artificially dredged by the
landowner or his predecessors or any public agency or which have
detached from his land as a result of an avulsive change in the
shoreline or as the result of an avulsive change in the course of, or
an artifical rechannelization of, any river or stream.