Store Research
Assembly Bill 1749 (Naylor – 1982)
Chapter 123, Statutes of 1982
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Assembly Bill 1749 was a single-section bill that only added section 7552.5 to the Public Resources Code relating to swamp and overflowed lands. (See Exhibit #1d) Assembly member Naylor introduced the bill on March 26, 1981 at the request of a constituent Pete Ucelli. (See Exhibits #1a and #16, document PE-8)
Assembly Bill 1749 was assigned to the Assembly Committee on Energy and Natural Resources and the Senate Committee on Governmental Organization where policy issues raised by the bill were considered. (See Exhibits #3 and #8) The fiscal ramifications of the bill were considered by the Assembly Committee on Ways and Means. (See Exhibit #4) Two amendments were made to Assembly Bill 1749. (See Exhibits #1b, #1c, and #2) Subsequent to legislative approval, Governor Edmund G. Brown Jr., signed the bill on March 18, 1982, and it was recorded by the Secretary of State on March 19, 1982 as Chapter 123 of the Statutes of 1982. (See Exhibits #1d and #2)
The Summary Digest of Statutes Enacted published by the Legislative Counsel provides the following digest of Assembly Bill 1749:
This bill would declare that where lands above the ordinary high-water mark, granted to the state by the Arkansas Swamp Lands Act, have been conveyed into private ownership by the state, such lands, by definition, are taken free and clear of the common law public trust for commerce, navigation and fisheries, and that where the acts of the owner pursuant to then existing law in dredging the lands results in the navigable waters of the state flowing over the land, such acts shall not operate to create or impose the common law public trust for commerce, navigation, and fisheries with respect to the land. The bill would specify that such acts operate to create a navigational easement, as described.
(See Exhibit #17)