Lucas & Company, LLC

Water Boundaries V



Water Boundaries V – 1.5 Contact Hours
The case-in-chief is Bollay v. State Lands Commission, California Court of Appeals 2011. This case is a challenge to the California State Lands Commission’s attempt to regulate and ‘fix’ the ambulatory nature of water boundaries along tidally influenced water bodies (were the tide ebbs and flows), to the most landward historical position of the mean high tide. If successful, this would mean that the highest mean high tide line ever recorded would forever be fixed in position, at least from a regulatory standpoint. The case involves land were accretions, over time, had added land to Bollay’s property. Rejecting the then current location of the mean high tide line, the Lands Commission concluded from historic records that the vast majority of the Bollay’s lands were actually state submerged lands rendering the Bollay’s property unusable. Is this a proper regulation or an attempt to acquire land without just compensation? This is a 2-Page Letter covering 1 Court Opinion consisting of 7 pages. This 9-Page document has a 10-Question examination based on the text of the newsletter and the attached cases.

OBJECTIVES: To enhance professional competency and improve practitioner’s knowledge of the law as it relates to the practice of land surveying.