California Laws|Section 6009.1.

                                                

6009.1.  

The Legislature finds and declares all of the following:

(a) Granted public trust lands remain subject to the supervision of the state and the state retains its duty to protect the public interest in granted public trust lands.

(b) The state acts both as the trustor and the representative of the beneficiaries, who are all of the people of this state, with regard to public trust lands, and a grantee of public trust lands, including tidelands and submerged lands, acts as a trustee, with the granted tidelands and submerged lands as the corpus of the trust.

(c) A grantee may fulfill its fiduciary duties as trustee by
determining the application of each of the following duties, all of which are applicable under common trust principles:

(1) The duty of loyalty.

(2) The duty of care.

(3) The duty of full disclosure.

(4) The duty to keep clear and adequate records and accounts.

(5) The duty to administer the trust solely in the interest of the beneficiaries.

(6) The duty to act impartially in managing the trust property.

(7) The duty to not use or deal with trust property for the trustee’s own profit or for any other purpose unconnected with the trust, and to not take part in a
transaction in which the trustee has an interest adverse to the beneficiaries.

(8) The duty to take reasonable steps under the circumstances to take and keep control of and to preserve the trust property.

(9) The duty to make the trust property productive under the circumstances and in furtherance of the purposes of the trust.

(10) The duty to keep the trust property separate from other property not subject to the trust and to see that the trust property is designated as property of the trust.

(11) The duty to take reasonable steps to enforce claims that are part of the trust property.

(12) The duty to take reasonable steps to defend actions that may result in a loss to the trust.

(13) The duty to not delegate to others the performance of acts that the trustee can reasonably be required to perform and to not transfer the administration of the trust to a cotrustee. If a trustee has properly delegated a matter to an agent, the trustee has a duty to exercise direct supervision over the performance of the delegated matter.

(d) All duties endowed upon a trustee of state lands shall depend upon the terms of the trust, and if there is no provision, express or implied, within the terms of the trust, a statute, or a grant, the trustee’s duties shall be interpreted and determined by principles and rules evolved by courts of equity with respect to common trust principles.

(e) Notwithstanding any other law, and in addition to any other rights and capacities of a trustee to act under law, a trustee of public
trust lands shall have the right to bring any action related to its granted public trust lands, including an action to abate a public nuisance, as a representative of the beneficiaries.

(f) Common trust principles do not nullify an act of the Legislature or modify its duty under the California Constitution to do all things necessary to execute and administer the public trust.

(Amended by Stats. 2016, Ch. 368, Sec. 11. (SB 859) Effective September 14, 2016.)
Previous Section

Doc thumbnail Section 6009.

Next Section

Doc thumbnail Section 6010.

View Latest Documents

preview-icon 13 pages

1 Scott K. Kuney (SBN 111115) Brett A. Stroud (SBN 301777) 2 The Law Offices of Young Wooldridge, LLP th 3 1800 30 Street, Fourth Floor Bakersfield, CA 93301 4 Phone: (661) 327-9661 Exempt from Filing Fees Fax: (661) 327-0720 Gov. Code, § 6103 5 Email: skuney@youngwooldridge.com 6 bstroud@youngwooldridge.com 7 Attorneys for Real Party in Interest North Kern Water…

Case Filed

Nov 29, 2022

Case Status

Appeal

County

Kern County, CA

Filed Date

Feb 15, 2024

Judge Hon. Pulskamp, Gregory Trellis Spinner 👉 Discover key insights by exploring more analytics for Pulskamp, Gregory
preview-icon 9 pages

Superior Court of California County of Kern Bakersfield Division J Date: 2/5/2024 Time: 8:00 AM - 5:00 PM BCV-22-103220 …

Case Filed

Nov 29, 2022

Case Status

Appeal

County

Kern County, CA

Filed Date

Feb 05, 2024

Judge Hon. Pulskamp, Gregory Trellis Spinner 👉 Discover key insights by exploring more analytics for Pulskamp, Gregory
preview-icon 15 pages

1 Scott K. Kuney (SBN 111115) Brett A. Stroud (SBN 301777) 2 The Law Offices of Young Wooldridge, LLP th 3 1800 30 Street, Fourth Floor Bakersfield, CA 93301 4 Phone: (661) 327-9661 Exempt from Filing Fees Fax: (661) 327-0720 Gov. Code, § 6103 5 Email: skuney@youngwooldridge.com 6 bstroud@youngwooldridge.com 7 Attorneys for Real Party in Interest North Kern Water…

Case Filed

Nov 29, 2022

Case Status

Appeal

County

Kern County, CA

Filed Date

Jan 24, 2024

Judge Hon. Pulskamp, Gregory Trellis Spinner 👉 Discover key insights by exploring more analytics for Pulskamp, Gregory
preview-icon 18 pages

1 Scott K. Kuney (SBN 111115) Brett A. Stroud (SBN 301777) 2 The Law Offices of Young Wooldridge, LLP 3 1800 30th Street, Fourth Floor Bakersfield, CA 93301 4 Phone: (661) 327-9661 Fax: (661) 327-0720 5 Email: skuney@youngwooldridge.com 6 bstroud@youngwooldridge.com 7 Attorneys for Intervenor-Defendant EXEMPT FROM FILING North Kern Water Storage District FEE [GOV. CODE, §6103] 8 9 SUPERIOR …

Case Filed

Nov 29, 2022

Case Status

Appeal

County

Kern County, CA

Filed Date

Feb 21, 2024

Judge Hon. Pulskamp, Gregory Trellis Spinner 👉 Discover key insights by exploring more analytics for Pulskamp, Gregory
preview-icon 32 pages

1 Scott K. Kuney (SBN 111115) Brett A. Stroud (SBN 301777) 2 The Law Offices of Young Wooldridge, LLP th 3 1800 30 Street, Fourth Floor Bakersfield, CA 93301 4 Phone: (661) 327-9661 Exempt from Filing Fees Fax: (661) 327-0720 Gov. Code, § 6103 5 Email: skuney@youngwooldridge.com 6 bstroud@youngwooldridge.com 7 Attorneys for Real Party in Interest North Kern Water…

Case Filed

Nov 29, 2022

Case Status

Pending

County

Kern County, CA

Filed Date

Jan 03, 2024

Judge Hon. Pulskamp, Gregory Trellis Spinner 👉 Discover key insights by exploring more analytics for Pulskamp, Gregory
View More Documents

Please wait a moment while we load this page.

New Envelope