Does the State of California have any mineral rights?

California, United States of America


The following excerpt is from State ex rel. State Lands Com'n v. Su, 21 Cal.App.4th 38, 25 Cal.Rptr.2d 761 (Cal. App. 1993):

One final issue deserves mention. As the owner of the tidelands in trust for the public, the state also owns the minerals underneath the tidelands. (Boone v. Kingsbury (1928) 206 Cal. 148, 170, 273 P. 797; City of Long Beach v. Marshall (1938) 11 Cal.2d 609, 614, 82 P.2d 362.) These minerals, obviously, do not shift with a change in water boundaries occasioned by the accretion process. This issue poses a special and limited problem that certainly should not derail the general, comprehensive and practical analysis set forth herein. No issue regarding mineral rights is asserted in this case and it is unnecessary to resolve that issue now. One possible resolution, without derogating any others, would be to analogize this situation to the common occurrence where land is granted to one party subject to a reservation of mineral rights in the grantor. In this way, the public interest would not be diminished.

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