SECTIONS 4000-4017

4000.  The board of supervisors of any county may, upon approval ofthe Public Utilities Commission, grant authority to any person toconstruct a wharf, chute, or pier, on any lands bordering on anynavigable bay, lake, inlet, creek, slough, or arm of the sea,situated in or bounding the county, with a license to take tolls forits use for the term of 20 years.4001.  The board of supervisors of each county may upon approval ofthe Department of Finance through the Chief of the Division of StateLands, grant authority to any city, county or person, to construct awharf for recreational, pleasure or boating purposes, on any landsbordering the seashore other than lands referred to in section 4000,situated in or bounding the county, with a license to take tolls forits use for a term of twenty years.4002.  Application for such authority is made by publishing noticeas required in the next section, and by filing a petition in writing,containing: (a) The name and residence of the applicant; and if a corporation,a certified copy of the articles of incorporation. (b) A map of the waters, and the name and location thereof, and ofthe adjoining lands. (c) A plan of the wharf or chute proposed to be constructed, andof the land within three hundred feet thereof. (d) The names of the owners of the lands, and the quantity soughtto be used, and whether the right to use it has been or is to beacquired by the applicant. (e) The distance it is proposed to extend the wharf or chute intothe waters. (f) The estimated cost of the construction of the wharf or chute. (g) The time when the application will be made.4003.  Each applicant shall publish a notice in at least onenewspaper in each county which the wharf or chute touches, and inwhich it is located or which it will touch or in which it will belocated. If there is no newspaper located in the county, thenpublication shall be made in a newspaper published in an adjoiningcounty and notices shall be posted in three public places in theproper counties for four successive weeks. The notices shall specifythe proposed location of the wharf or chute and shall also state thetime and place at which the application will be made.4004.  When any lands sought to be appropriated and used for a wharfor chute are not owned by the applicant or if a right of way and usehas not been obtained by agreement, these facts and the particulardescription of the land shall be set forth in the petition of theapplicant, and a copy of the notice of application shall be served onthe owner by the sheriff of the county, at least ten days prior tothe day set for the hearing. The sheriff's official return isconclusive evidence of service.4005.  If the owner of the land is a nonresident of the county thesheriff may make service by leaving a copy of the notice ofapplication with the occupant, or agent of the owner. If there is nooccupant, or agent of the owner, the sheriff may place a copy in thepost office addressed to the owner thirty days prior to the day setfor the hearing. If the owner is a minor, insane, mentallyincapacitated, or a decedent, notice shall be served on his guardian,administrator, or other legal representative.4006.  On the day named in the notice, or to which the hearing isadjourned, the board shall hear proof of the publication and serviceof notice. If the proof is satisfactory, the board shall hear theallegations of the petition and any objections to the granting of theapplication, and proofs in support of each. If from the proofs itappears that the public good or convenience will be promoted thereby,the board may grant to the applicant the right to erect or constructa wharf or chute as prayed for, and to take tolls for its use forthe term of twenty years.4007.  The grant conveys to the grantee or applicant the right ofway and all necessary use, for the purposes of the wharf or chute, ofany of the overflowed, submerged, or tidelands belonging to theState, and a right of way over any swamp, overflowed, marsh, ortidelands lying between the wharf or chute and high or dry land,fifty feet in width, for twenty years. The grant shall particularlydescribe the extent of the property subject to the right of way.4008.  The grant carries with it the right to have unencumbered andunobstructed the land and water on each side of the wharf or chutefrom high-water mark to navigable water, for a distance of onehundred and fifty feet, for the convenience of landing, loading, andunloading vessels, but for no other purpose.4009.  After authority to construct a wharf or chute has beengranted, until the grantee has procured from the owner theright-of-way and other necessary incidental uses of any landsnecessary for the wharf or chute, there is no authority to constructa wharf or chute or to take tolls thereon.4010.  The wharf or chute shall not be of a greater width thanseventy-five feet, and it may extend to navigable water. A wharfconstructed upon any of the navigable rivers, straits, sloughs, andinlets in this State may extend along the shores for a distance notexceeding one thousand feet if it does not obstruct the freenavigation of the water on which it is situated. This section doesnot apply to the water fronts of incorporated cities or towns.4011.  The orders granting authority, and agreements, contracts,deeds, and decrees of courts granting the right of way and other useof lands, shall be filed and recorded in the office of the recorderof the county in which the wharf or chute is situated, andconstitutes the franchise of the applicant. The fees of the recorder,as also the fees of the clerk, sheriff, and other officers, forservices rendered, shall be paid by the applicant.4012.  The board shall annually fix the rate of tolls or wharfagefor the use of the wharf or chute, to produce an income of not lessthan fifteen nor more than twenty-five per cent per annum on the faircash value of the wharf or chute, and on the cost of its repair andmaintenance, exclusive of the amount paid for the license required bythis chapter. The value, and the cost of repair and maintenanceshall be fixed by the board when fixing the rates of tolls orwharfage, by hearing evidence and examining the assessment rolls ofthe county. When fixed, the rates shall be furnished the owner, and aprinted or written copy conspicuously posted on the wharf or chute.4013.  When the wharf or chute is completed and the tolls orwharfage fixed, the owner is entitled to a license to take tolls forthe term of one year. The license shall be issued by the countyauditor on the payment of such license tax as the board may fix,which tax, except for the first year, shall not be more than ten percent of the gross receipts for tolls or wharfage for the previousyear. The fee shall be paid to the county treasury for general roadpurposes.4014.  An owner or keeper of a wharf or chute who takes toll orwharfage for its use forfeits the sum of twenty-five dollars, and isliable for all damage occasioned, if he fails to keep it in goodrepair, or if it is unsafe or dangerous. The penalty may be recoveredby order of the board which granted the authority, for the use ofthe general road fund of the county.4015.  Authority shall not be granted under this chapter which willinterfere with vested rights, or interfere with or infringe grantsmade by State authority. Authority to construct a wharf or chute doesnot continue for a longer period than two years, unless it iscompleted within that time.4016.  The lands of the State situated in the city of San Francisco,and those otherwise disposed of or situated within the limits of anyincorporated town or city of this State, are excluded from theprovisions of this chapter. The municipal authorities of anyincorporated city or town other than San Francisco may grantauthority to construct wharves or chutes as is herein provided forthe boards of supervisors.4017.  A board of supervisors of a county may grant any railroadcorporation authority to construct a wharf on or in front of anylands owned by it bordering on any navigable bay, inlet, lake, creek,slough or arm of the sea situated in or bounding the county, with alicense to take tolls for its use for the term of the corporateexistence of the railroad corporation, not exceeding fifty years,whenever the board finds the use of the wharf or pier is necessary tothe exercise of the franchise of the railroad corporation forterminal purposes. The authority may be granted without offering itfor sale. Nothing contained in this chapter shall be construed to limit thepowers of a board to grant the right to railroad corporations tobuild and construct for terminal purposes on and in front of any landowned by it a wharf of the width necessary for the carrying on ofthe business of such railroad at such terminal. The wharf may extendto the length that may be desirable, not exceeding one thousand feet,if it does not prevent navigation. There is excluded from the operation of this section any and allterritory and property under the jurisdiction or control of anyincorporated city or town or any board of State harbor commissioners. All of the provisions of this chapter not in conflict withanything in this section contained are applicable to all proceedingsunder this section.