SECTIONS 8600-8602 - California Statutes

PUBLIC RESOURCES CODE

SECTION 8600-8602

8600. This division shall be known and may be cited as the Kapiloff
Land Bank Act.

8601. Unless the context otherwise requires, the definitions in
this section govern the construction of this division.
(a) "Commission" means the State Lands Commission.
(b) "Fund" means the Land Bank Fund created pursuant to Section
8610.
(c) "Trustee" means the State Lands Commission acting in its role
as trustee for the Land Bank Fund.
(d) "Title settlements" means exchanges pursuant to Sections 6307
and 6307.1 and any agreements between the commission and others as a
part of, or in lieu of, litigation in compromise settlements of
public trust title questions, including real property exchanges,
boundary determinations, or other means leading to a resolution of
those questions and the necessary conveyances or other documentation
provided by the agreements.
(e) "Mitigation" means any measure to mitigate adverse
environmental impacts that are lawfully imposed as a condition to the
issuance of a permit or other authorization to undertake a project.
(f) "Project" means, for purposes of mitigation only, any
improvement to real property that adversely impacts existing or
former wetlands.

8602. The Legislature finds and declares as follows:
(a) Wetlands are essential to the environmental, economic, and
social well-being of the people of the State of California.
(b) In many instances, uncertainty and disputes exist with respect
to the existence or nonexistence of a public trust right, title, or
interest within or along waterways of the state. This uncertainty
results in impeding both the development of these lands by owners of
the private property interests and preservation and public use of
public trust lands, and, therefore, in the interest of protecting,
enhancing, and preserving the public trust on the one hand, while
permitting reasonable use and development where appropriate on the
other hand, title settlements will result in the avoidance of
substantial delays, uncertainties, and cost to all parties of
protracted litigation, and constitute sound public policy.
(c) State policy requires the examination of mitigation measures
for all projects having a potentially significant adverse impact on
the environment.
(d) State law further requires the adoption of mitigation measures
for projects having a significant impact on certain environmentally
sensitive areas, including wetlands.
(e) So that projects can be expeditiously commenced and completed,
it is in the state's interest to facilitate their completion through
the provisions of this division.