The California Attorney General's office is now contending in litigation that state title to the lands beneath non-tidal navigable waters extends landward to the ordinary high-water mark. This assertion is in direct opposition to previous case law and the terms of California Civil Code section 830. The author examines the new claim in the context of prevailing state and federal law and concludes that state title should be limited to the ordinary low-water mark.
The Extent of State Ownership of Submerged Lands in California,
31 Hastings L.J. 329
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