DOT

Assembly Bill No. 434 (2001-2002 Reg. Sess.) directed the California Department of Transportation (DOT) to transfer approximately 130 acres located in the Monterey-Carmel area, known as Hatton Canyon, to the Department of Parks and Recreation (Parks) for use as a state park. (Stats. 2001, ch. 136.) Article XIX, section 9 of the California Constitution authorizes the transfer of surplus state property located in the coastal zone to Parks for state park purposes. However, only 24 of the 130 acres of the Hatton Canyon property actually he within the coastal zone boundary as it is described in the maps of the California Coastal Commission. The balance of the Hatton Canyon land lies on the immediate eastern side of that boundary.

Appellants, Citizens for Hatton Canyon, a taxpayer group, filed an action challenging the constitutionality of Assem. Bill No. 434. The trial court entered an order upholding the validity of Assem. Bill No. 434 and granting summary judgment in Park’s favor. In this appeal we must answer the question of whether Assem. Bill No. 434, which transfers DOT land to Parks, is inconsistent with article XIX, section 9 of the Constitution, because only a…