Archives: Current Issues
2010
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State Lands vs 22nd DAA    

 

< Report on the State Lands Commission of October 29, 2010

posted 11/02/10

For several years, the California State Lands Commission (SLC) has asserted a claim of Sovereign Public Trust interest in certain portions of the real property to which the 22nd District Agricultural Association (22d DAA) holds record title. These are lands to which California received title upon its admission to the Union in 1850 and which are held in trust for the people of the State of California.

Recently, the SLC reached an agreement in principle with the 22d DAA that would resolve the claims of Sovereign Public Trust interest asserted by the State Lands Commission.

The agreement would provide, in part, for  the transfer to State Lands of 37.24 acres of property and 49 years lease back to the 22nd DAA for limited use of as a public access trail, parking and the recycling facility. The subject properties are  located (1), along the San Dieguito River east of Jimmy Durante Blvd.; (2) west of the train tracks( including the beach west of Camino del Mar) ; and (3) a small piece of land immediately west of Jimmy Durante Blvd along the north bank of the river.

Subsequently, at its Oct 18 meeting the Del Mar City Council agreed to request that the SLC continue the settlement agreement to a time after the 22nd DAA has adopted its Master Plan Environmental Impact Report.

Furthermore, the City of Del Mar has documents not examined by the SLC, in support of asserting broader Public Trust claims than those spelled out in the agreement. In particular a 1903 US Geological Map unambiguously showed that “submerged marshes” in the San Dieguito Valley extended half way to El Camino Real. This map was not examined by the SLC staff.

The City’s letter was received by  the SLC at its Oct 29  meeting in Culver City requesting a delay in the approval of the settlement to examine these issues.

None of the State Lands Commissioners were present at the meeting, but were instead represented by one of their staff members. After hearing very brief presentations from SLC Counsel Kathryn Colson, Jacqueline Winterer, presenting the City of Del Mar letter and Becky Bartling , 22d DAA deputy General Manager, SLC voted adoption of the settlement without discussion.

One of the conditions of the settlement is that none of the parties in the agreement is exempt from the regulatory, environmental, land use jurisdiction of any federal, state, local entities.


< State Lands Commission versus the 22nd DAA: property settlement

posted 10/30/10

At the 22nd Ag. District Board of Director’s meeting of  Oct 12 2010
the Board approved an agreement between the Ag. District(DAA) and the  State Lands Commission (SLC) which is intended to settle a long -term dispute over the ownership of real property in the San Dieguito River Valley including the fairgrounds. There is a bona fide dispute between the parties as to existence , extent, nature and location of their respective rights, titles and interests. A judicial decision would require costly, protracted and vigorously disputed litigation if not solved by settlement.

herefore the DAA and the SLC consider it expedient to resolve the dispute by compromise settlement.

The agreement would provide, in part , for  the transfer to State Lands of 37.24 acres of property and lease back to the 22nd DAA for limited use of parking and the recycling facility. The subject property is located (1), along the San Dieguito River east of Jimmy Durante Blvd.; (2) west of the train tracks( including the beach west of Camino del Mar) ; and (3) a small piece of land immediately west of Jimmy Durante Blvd along the north bank of the river.

Subsequently, at its Oct 18 meeting the Del Mar City Council agreed to request that the SLC continue the settlement agreement to a time after the 22nd DAA has adopted its Master Plan Environmental Impact Report.

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