SECTIONS 880-881 - California Statutes

STREETS AND HIGHWAYS CODE

SECTION 880-881

880. 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.

881. 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.