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PUBLIC TRUST

Shute, Mihaly & Weinberger LLP has special expertise in the area of public trust law. Under the public trust doctrine, lands below ordinary high water or mean high tide are held in trust for the people of California and can only be used in furtherance of navigation, commerce, fisheries and other trust-related purposes. The firm advises public agencies regarding public trust issues and represents those agencies in negotiations with the California State Lands Commission (State Lands).The firm has expertise in all aspects of public trust law including the scope and extent of the public trust, uses permitted on trust lands, and the interrelationship between public trust and water law. The firm also has extensive experience with trust exchanges in the context of military base closures and with Economic Development Conveyance (EDC) negotiations.

• The firm has represented the City of San Francisco and the San Francisco Redevelopment Agency in connection with all public trust aspects of the former Hunters Point Shipyard. The property, which is located in southeastern San Francisco, was formerly a Navy ship repair facility and is to be transferred at no cost to the City and the Agency. The firm analyzed the boundaries and nature of the potential public trust claims on the property and developed a map of the existing trust configuration, worked with the Agency to design a trust exchange program that facilitates the adopted redevelopment plan, and advised the City and the Agency regarding the appraisal process. The firm advises an internal City/Agency working group and in collaboration with Agency and the City Attorney’s Office, conducts trust negotiations with the potential master developer and State Lands staff. The firm drafted legislation that would designate the Agency as the administrator of trust lands on the Shipyard, and recently drafted legislation that would authorize the proposed trust exchange.

• Treasure Island, the site of the 1939 World’s Fair, is a naval facility located in the center of the San Francisco Bay, adjacent to the Bay Bridge. The firm, representing the San Francisco City Attorney’s Office, drafted special legislation creating the Treasure Island Development Authority (TIDA) as a redevelopment agency and the public trust administrator for the island. With the City Attorney’s Office, the firm conducted the initial negotiations with State Lands and developed innovative provisions in the TIDA legislation that address the problem of existing non-trust structures on trust lands. The firm is currently advising TIDA on trust and environmental issues.

• The City of Alameda and its redevelopment agency, the Community Improvement Commission (CIC), are engaged in EDC negotiations with the Navy for transfer of the Alameda Naval Air Station, a 1600 acre facility on the eastern shore of the San Francisco Bay. The firm represents the City/CIC in connection with the proposed public trust trade for the Naval Air Station. This effort has included negotiation of the post-trade trust configuration, supervision of the appraisal of trust parcels, extensive negotiations with State Lands Commission staff, and drafting special legislation authorizing the exchange, which was signed into law in 2000. The firm has also prepared an analysis of the nature and location of all potential trust lands within the City's jurisdiction, and is advising the City on management options for those lands.
  

• The Pacific Bell Ballpark for the San Francisco Giants is located on trust land. In collaboration with General Counsel for the Port of San Francisco, the firm represented the Port of San Francisco in obtaining State Lands approval for lease of the property to the Giants pursuant to California Public Resources Code section 6702(b). The firm assisted State Lands staff in developing the legal theories and contextual information necessary to ensure the stadium’s consistency with the public trust.
  

• On behalf of the Port of San Francisco, the firm is negotiating with State Lands Commission staff and the State Attorney General’s office in connection with a proposed cruise terminal on the San Francisco Waterfront. The firm drafted legislation defining the permitted uses of the cruise terminal. The legislation was enacted in 2001 and the firm is now negotiating the terms of a land exchange.
  

• The firm represents the Oakland Base Reuse Authority (OBRA) in all aspects of trust issues that arise in connection with the disposition and conversion of the 425-acre Oakland Army Base. The firm developed trust land exchange options and has advised OBRA on issues in connection with the exchange and related transactions.
  

• The firm serves as special counsel to the City of San Francisco, the San Francisco Port Commission, and the San Francisco Redevelopment Agency on public trust issues for a number of major waterfront projects in San Francisco. Completed projects include the Mission Bay and the Rincon Point-South Beach Redevelopment Project. Currently, the firm is advising the Port on the redevelopment of Pier 70 and other public trust issues.
  

• A partner in the firm is serving as court-appointed referee for all aspects of dispute resolution concerning a multi-use development and wetlands restoration including the Ballona Wetlands, the last remaining significant wetlands in Los Angeles County. Public trust issues are involved in this dispute.
  

• The firm participated as a friend of the court in the California Supreme Court’s landmark public trust decision, National Audubon Society v. Superior Court, 33 Cal.3d 419 (1983), which involved water diversions from Mono Lake. On behalf of environmental groups, the firm successfully argued that water rights, no matter how long held, are subject to review and potential reallocation based on public trust considerations. The firm has also been involved in litigation over the validity of transfers of public trust lands.