Acquiring and Improving Lands for Public Beaches

Division 8, Part 2, Chapter 5 of the Harbors and Navigation Code deals with the acquisition, improvement, or maintenance of lands for public beaches as part of harbor improvement districts.

Section 5940 allows any harbor improvement district organized and existing pursuant to this part may purchase, lease or obtain by gift lands for public beaches located within the boundaries of the district and may hold, improve or maintain such lands. Any and all such acquisition, improvement or maintenance as is authorized herein shall be accomplished and carried out in accordance with the procedure and in the manner hereinafter provided in this chapter, except that nothing in this chapter shall affect state-owned tidelands and submerged lands or the jurisdiction of the State Lands Commission over tidelands and submerged lands.

Section 5941 allows the board board of supervisors of any county in which a district is situated may direct the harbor commission to prepare surveys for the acquisition, improvement or maintenance of the lands as authorized, prepare plans and estimates of cost, and to report to the board of supervisors.

Section 5942 specifies that, upon receiving the report and recommendation of the harbor commission, the board is required to fix a date for hearing on the report to consider and determine the feasibility of the project or projects submitted.

Section 5943 states that the hearing, investigation, determination and findings of the board of supervisors must be conducted and made in accordance with specified provisions.

Section 5944 provides that, upon final hearing, if the board finds that the lands considered in the commission’s report can be acquired, improved or maintained as generally described in the report and recommendation of the harbor commission at a cost not disproportionate to the benefits to be derived from the proposed project, the board may order the acquisition, improvement or maintenance of the lands considered in the commission’s report in accordance with the board’s findings.

Section 5945 specifies that, for the purpose of financing the acquisition, improvement or maintenance of lands as is authorized, the board may issue bonds, borrow money, incur indebtedness and levy taxes, all in the same manner and to the same extent as in the improvement, development, protection or maintenance of the harbor for which the district was originally formed.

The board is prohibited from issuing bonds unless the incurring of the bonded indebtedness for the acquisition, improvement or maintenance of lands first have been approved at an election held in the required manner.