State of California v. United States

The United States initiated proceedings to condemn certain lands in the City and County of San Francisco for the expansion of San Francisco Naval Shipyard. The State of California claimed title to part of the lands and sought compensation for their loss. The district court awarded nominal damages. The State appealed.

It is stipulated that all of the condemned lands, including those claimed by the State, were tide or submerged lands which passed to the State upon its admission to the Union in 1850. In 1868 the State authorized the survey and division of the lands into lots and blocks, reserving “so much thereof (as might be required) for streets, docks, piers, slips, canals, drains, or other use necessary for the public convenience and the purposes of commerce.” In 1869 the State approved and published a map showing the lots, blocks, and reserved areas. Subsequently the State sold the lots to private parties.

We reviewed this history in some detail in State of California v. United States, 169 F.2d 914 (9th Cir. 1948), and held that under State law the submerged lands marked on the 1869 map as “streets” were dedicated to use as public thoroughfares. We further held that the State…