![]() ![]() The court found that the title recordation requirements of SB50 violated the doctrine of intergovernmental immunity because it directly regulated the federal government’s operations as to those conveyances which are not automatically entitled to a certificate of compliance from the Lands Commission, but which are conditioned on the extension of refusal rights to the Lands Commission. On November 1, 2018, District Judge William Shubb of the Eastern District of California agreed with the U.S. Attorney General Jeff Sessions called SB50 “a stunning assertion of constitutional power by California” and the United States immediately sued the State of California in federal court on the basis that SB50 violated the Supremacy Clause of the U.S. 7.) Even on the eve of passing the legislation, the Senate Rules Committee staff noted that the County Recorders Association of California believed that “aspects of this bill may be preempted by federal law.” (Floor Analysis, p. In its early analysis of SB50, the Senate Judiciary Committee staff asked “Can the State of California, exercising its authority over property law and the recording of documents reflecting property ownership, declare the conveyance of federal public lands void ab initio, and refuse to record evidence of it unless the State Lands Commission was provided with a right of first refusal or the option to arrange transfer the property to another entity? … However, the question is close enough that the constitutionality of SB 50 might well be challenged in court.” (Committee Analysis, p. The latter conveyances are “void ab initio” unless the Lands Commission was provided with these refusal rights. ![]() As to conveyances that fall outside of those categories, prospective purchasers may only secure a certificate of compliance from the Lands Commission if the commission is first provided with a right of first refusal or the right to arrange for the transfer of the federal public land to another entity. There are six categories of conveyances for which the Lands Commission is required to waive its right of refusal and automatically issue a certificate of compliance. SB 50 also provides for a civil penalty of up to $5000 to be levied against any person who knowingly presents for filing with a county recorder a document related to the conveyance of federal land unaccompanied by a Lands Commission certificate of compliance. ![]() To accomplish that policy, Public Resources Code section 8560 requires that, in order to record a deed or other documents related to the conveyance of federal land with a California county recorder, a grantee of federal lands must present a certificate of compliance from the Lands Commission. (b)(1).) A “large environmental coalition” supported the bill “because it establishes a new policy to discourage conveyances of federal lands to private developers for resource extraction.” (Senate Floor Analysis for SB50, Septem(“Floor Analysis”), p. That legislation added a “Conveyance of Federal Lands” provision in the Public Resources Code, the purpose of which was to implement the “policy of the State of California to discourage conveyances that transfer ownership of federal public lands in California from the federal government.” (Pub. 1-2.) Accordingly, the Legislature passed Senate Bill 50 (“SB50”), which Governor Brown signed on October 6, 2017. California’s residents and environment could be deprived of access to, and the benefits from, this land in its current condition.” (Senate Judiciary Committee, Analysis for SB 50, Ma(“Committee Analysis”), pp. According to the California Legislature, “hould the federal government decide to sell off this land or the rights to use it for mining, development, timber harvest or other extractive purposes, California’s landscape would be permanently altered. A large portion of that federal land is made up of natural areas, such as national parks, monuments, wilderness and wildlife reserves. The federal government owns 45.8 million acres of land in California, which is roughly 46 percent of the state’s total landmass.
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