Public Trust

History. The Public Trust Doctrine comes to us from the 6th Century Roman Laws of Justinian which was a re-codification of the 2nd Century Greek philosophers. After inclusion in the Magna Carta in 1215, this Doctrine became part of English Common Law. From there, in 1776, it became a part of the legal structure of the 13 original colonies and of our Federal government. In 1850, when California became a state, it incorporated this English Common Law into its constitution. Interestingly, when Texas joined the Union, in 1845, it opted for the more Latin or Spanish/Mexican version of the Public Trust doctrine. It is basically the same but with a few significant differences in certain details, such as definition of the coastal boundary line. Under Common Law, the King of England or Sovereign was the Trustee for public rights in waterways. In this tradition, California's navigable waters or Sovereign Lands became State property and are held by the State in trust for all the people of the State.

Definition. In coastal areas, "Sovereign Lands" include both tidelands and submerged lands from the shore to 3 miles into the Pacific Ocean. Oil and gas wells within this area are therefore subject to the Public Trust. Tidelands are defined as lying between mean high tide and mean low tide. Submerged lands, naturally, are below mean low tide. The beds of navigable lakes and rivers are also Sovereign Lands, that is, under the Trusteeship of the Public Trust.

Authority of the Public Trust. The permitted uses of lands which come under the jurisdiction of the Public Trust are: commerce, navigation, fisheries, ecological habitat protection, water-oriented recreation and preservation of land in its natural condition.

Since 1938, the State Lands Commission has served as the administrator and guardian of these valuable public lands. The State Lands Commission is composed of: The Lieutenant Governor, the State Controller and the Director of Finance. Please remember this when you vote! For the last several administrations, the State Lands Commission staff has been under-funded and under-staffed. We are fortunate to have at the State Lands Commission a staff that is competent and dedicated, and that is a pleasure to work with.

[source: http://www.waterfrontaction.org/learn/trust.htm]