Legal Question in Environmental Law in California

Can you gift water ways to the State of Calif. or are all ocean and bays owned by the state of calif. under the tidelands law

Asked on 4/25/10, 6:27 pm

2 Answer from Attorneys

Marcia S Wertenberger Marcia S. Wertenberger, Esq.

If you own property that has a river or bay as part of the legal description of the property ie. it runs through it over it or on it or is a ond or lake - yes, in general you may deed the property to the State. The main thing is yougthat you need to know if really own the property or not - also as water areas can dry up and river paths can change you can actually own more land than you originally did. There area lso many problems with the clearenceces for toxix substances in order to allow the transfer.

Sounds like you are talking about a place that encompasses tidelands so it is dry on low tide and high on high tide property - this is slightly different as the the area depending on whether it was created by people or is natural high and low flowup to the average mean high average water mark owened by the USA- it may have even been filled. If you want o donate it - please call me first! Just kidding! You need to find the correct knoeldgeable personto talk to - you can email me for that at [email protected]. I can get you to the right place and also tell you of tax consequences this may have - it is not an easy process and the government does not HAVE TO take title to the area. If you are asking about anything on or around Balboa, Lido all the canals etc.. most of this is fill and a different access - you need to speak with me as this is a special situation That I know a lot about the property issues in this area havaig a lot to do with the back Bay area and Bolsa Chica Etc...

Happy to speak with you


Hope to hear from you sounds interesting

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Answered on 5/01/10, 12:23 am

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