California State Legislature

Introduction 

A legislature is an assembly body with authority to draft and make laws for a country or a state. Grose (2014) maintains that the legislature makes up an essential arm of the government. Siegan (2018) observed that members making up any legislative body are known as legislators and are elected directly. In California, the State Legislature is the official legislative body of California. It comprises of the California State Assembly, the lower house. The California State Assembly is included of 80 legislators, and the upper House is comprised of 40 members. Senators have a maximum term limit of eight years; two terms while assembly members can serve for a maximum of more than three terms totaling to six years. In 2012, voters modified the limits to allow legislators to serve a total of 12 years in either chamber. Both houses have been in full time ever since the year 1966. According to Rosenbloom, O'Leary, and Chanin (2017), the primary purpose of any legislative assembly is to make laws. Since its inception, the California State Legislative government has made various law changes critical to the well-being of the state. Among these include Session laws, general laws, civil procedure laws, political codes public property laws among others. The paper focuses on Califonia public property laws as passed and guided by the State Legislative Assembly. Public property is an exciting topic considering that it is the only legislation that aims at protecting government-owned property. Without due legislation on the same, the environment may be misused and exploited for personal gain instead of for everyday purposes. The research explores the 2018 California Code that outlines the legislation on public property under chapter two. California Code 2018 has numerous codes that address various state elements that include cities and counties. Part one under which public property is anchored addresses the Powers and Duties Common to Cities and counties. The section is drawn from the United States Codes and Statutes of the Constitution. 

Functions of California State Legislature 

The most outstanding feature of any legislative assembly is to make laws. In most countries, laws are derived from religious scriptures, traditions, and customs. At the same time, rules used to be derived from commands from leaders. In contemporary society practicing the democratic system of governance, the legislative arm is the primary source of law ( DeBow & Syer, 2015) . It is the body that formulates state laws and gives it a legal definition. It changes the will of people to official status and or laws. 

Other functions of the legislature include deliberative functions, custodian of countries finances, and control of the executive. The legislative arm of the Californian assembly is mainly mandated with exercising checks and balances on the executive’s functions and actions. The legislature also has other functions that include judicial functions. Electoral functions, constituent functions, among other miscellaneous functions. 

Public Property Law 

According to Hyink and Provost (2016), public property entails property owned by government entities, agencies, or divisions entailing streets, parks, schools, sidewalks, playgrounds, and libraries among others. The public property does not include property owned by a company, individual or a private entity. Notably, they may consist of facilities, premises and or lands. In Kelo v. City of New London (2005), the Supreme Court gave guidance that public use of any public or private property is meant for “the public purpose of economic development that might directly benefit private parties.” The interpretation has been used by many state legislators including Californian legislators in outlining laws that guide citizens, investors, and private property developers in the acquisition of property within Californian state. The US Constitution protects all public property and has the right to grant or deny accessibility from the public. Citizen’s right to use and access public property is however not absolute. Over the years, the US Congress has made minimal amendments to the Fifth Amendment that addresses property both public and private. 

California legislature draws all its legislation and doctrines from the United States Constitution. However, the legislature has on numerous occasions undertaken a few amendments following the citizen’s demands and concerns (Popham 1971). In Article Four, Section Three, Clause Two, the Constitution stipulates that “The Congress shall have the power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States, and nothing in this Constitution shall be construed as to Prejudice any Claims of the United States, or any particular State. Thus all amendment, rules, regulations, and laws passed by California State adhere to the above clause (Rosenbloom et al., 2017). Under the law, Congress has all title deeds to public land. At the same time, it has all say as regards to all public property that includes facilities and premises. At the same time, Congress has authority under the law to control all public property especially land without the State’s consent. 

Grodin, Shanske and Salerno (2016) outline California property and real estate laws that touch on public property that include; 

California Homestead Laws 

California Civil Statute of Limitations Laws 

California Adverse Possession Laws 

California Tenant Rights Laws 

California Security Deposit Laws 

Property Line and Fence Laws in California 

California Leases and Rental Agreement and 

California Civil Statue of Limitation Laws 

For example, California Possession Laws guide how a private developer can gain legal possession of the public property they have inhabited and improved for their common good in addition to the well-being of the public and the state government. In the case of Khosla vs. the State, the judge ruled that the Coastal beach that Khosla bought was public property and thus should make it accessible to members of the public. Khosla had bought the Martins Beach against legal advice from the state. Over years, the case has dragged on with appeals and counter appeals to urge Khosla to open up the beach. According to the judge, Martins Beach is public property, and according to the Coastal Act of 1976, all Coastal lands remained property of the state. California State has over years taken measures to define and differentiate the private property from public property. 

Public property plays an essential part in any states’ well-being given that it is public and collective property with the government acting as its custodian. Thus, the government often takes a hard-stance on public property with the full understanding that it is a communal part of the people’s interest and belonging. Siegan (2018) maintains that the Californian state does understand that from public property, they derive taxes and service payments that they use to provide additional services to the locals. For example, the Californian state government uses resources and proceeds from parks museums’, and recreational centers to improve service delivery to the locals on social issues such as welfare programs, health care, police protection, highway building, and maintenance and education. Others include electricity, libraries, and emergency services. 

By protecting and enacting laws that safeguard public property such as national parks and schools compounds, the Californian state government has ensured that it aligns its operations and service delivery with their party’s political ideologies and manifestos (Rosenbloom et al., 2017). The Californian government has also ensured that it delineates private property from public property to prevent the arising dispute from among the locals. For example, the Khosla case versus the state of California became a sensitive case and topic among the locals since the state government did not aggressively put in force the Coastal Act of 1976. At the same time, the “acclaimed proprietor” disregarded court orders, a clear sign that he or she did not recognize the difference between private property and public property as outlined in the Californian laws and the United States Constitution under the Fifth Amendment. 

California legislators recognize that public property is an essential facility of the government since it is a property that is owned and maintained by public funds that translate to the taxpayers’ money. It is not a property that one can walk in and out as the California legislation stipulates public property that is open for limited use and those that are open all through for the public. For example, the law stipulates that historical public places such as parks, sidewalks, and town squares are open to the public and one can freely enter following the rules and regulations of the situation (Siegan 2018). Other public properties with limited access which the California legislation provides guidance include some sections of the courthouse, public schools, universities, and public forums. Often the administrators offer the public with the opportunity to access such places but only on stipulated conditions (Hess, Coley, Mai & Hilliard 2015). California identifies some section within the public property such as airports, senate and assembly gatherings as public property but only allow the public entrance on strict conditions. 

California legislators are keen on protecting private property that may deem fit public purpose use. The Fifth Amendment is evident in protection of private property. First, it sets guidance on how a state government can take over private property by following the law. Taking over private property for public purpose should adhere to the due process of compensation. For such an action, Californian legislators are keen on interpreting the law by enacting legislation that limits the level of acquiring private property for public purposes. 

California public property laws and legislation seeks to protect and preserve government-owned utilities, facilities, buildings, and entitlement. Chapter Two, Article Eight outlines the laws and regulations of public property that include public building. CA Govt Code 50532 (2018) describes the measures and legislation on the lease of public land by the provisions of the United States Constitution. Amended in 1986, the regulation also states in reference recommendation of Section 65402 on the need to build or erect any building on public utility. According to Section 50535, a public building that owns a local government agency shall be made available for use by the public in a manner befitting the intention and purpose (2018 California Code, 2018). The city ensures that all measures that include maintenance, repairs, and replacement are safe and following the laws and regulation of Article 8. 

Public buildings in California have in place all utilities as may be required for its purpose that is aimed at serving the public. For example, Section 50535 is specific to the need for repairs and the amount of money needed meeting any arising demands. California legislators have the powers to allocate public property such as land to a private developer for reasons that benefit the locals under their needs at a specific time and place. The intention to lease out or grant such permission is bestowed upon the people and exercised by the legislators. 

Due to natural wear and tear of public property, Article 1 section 831 addresses the dangerous conditions of public properties that may put the lives of citizens in danger. According to the provision, use of highways and streets and any effect that may result in their usage does not exonerate the public for injury as a result of damage caused on the person. However, the provision does not include effects that may result from natural causes while on the premises such as ice, rain, wind, or fog. Although the state takes responsibility on public property, it makes it clear to the public on the bad state the properties may be that may result in injury to users (2018 California Code 2019). Thus, any harm or injury caused due to fog, rain and any natural causes will not be compensated by the State. However, this does not mean that the state does not maintain its public properties. Annually, the assembly allocates a substantial percentage of funds for maintenance, repairs and general upkeep of the public places. Section 831.6 states that the state is not and will not be liable for any injury resulting from unoccupied or unimproved conditions of land, bays, streams, and submerged lands. All unsold and ungranted tidelands are reserves for the United States lieu as prescribed in the 36th and 16th sections of the Article. 

California state laws define criminal trespass as unauthorized entry into another’s property. The Penal Code Section 602 clarifies that “trespassing” is entering into the property of another without permission or right to do so. The state further specifies that one is liable for criminalization when and if they caused damage and or interference to the property. According to the provision, the property, in this case, maybe private or public. Examples of trespass include unlawful entry into another’s property and refusal to leave upon request by the owner ( Skeldon & Dijk, 2019) . It may also entail entering another’s property with the sole purpose of causing damage. For example, when a homeless individual gaining entry into a public property such as a library and stays the entire day. The individual violates Penal Code Section 602 by refusing to leave the building when requested. Despite a library being public property, it has its laws that provide the users' guidance on its usage (Hyink & Provost 2016). If proven guilty, the individual may face a jail term or fine under the provision of the article and the discretion of the court. 

Conclusion 

In line with the US Constitution, California legislators have paid great attention to public property. All parts of the public property laws are aimed at preserving and protecting public utilities, land, buildings, and facilities. By doing so, California legislators have kept and maintained public services in accordance with the US Constitution the Fifth Amendment. California legislators have the mandatory role of making laws among other legislative duties. Over the years, California legislators have drafted numerous bills, passed several laws and amended other legislation in line with the demands of the locals and the interest of the state. 

In comparison to other states, California legislators have been at the forefront of ensuring that legislation proposed and demanded by the locals are reviewed and researched well before they are signed into law by the governor. At the same time, in case the governor deems a bill as unhealthy or unfit for code, he or she vetoes it or returns it to the assembly for further amendment. The California legislators have contributed immensely regarding the passage of beneficial and constructive public property laws that have helped reign order and progress in the state. 

Reference 

DeBow, K., & Syer, J. C. (2015).  Power and politics in California . Routledge. 

Grodin, J. R., Shanske, D., & Salerno, M. B. (2016).  The California State Constitution . Oxford University Press, USA. 

Grose, C. R. (2014). The Adoption of Electoral Reforms and Ideological Change in the California State Legislature. 

Hess, D. J., Coley, J. S., Mai, Q. D., & Hilliard, L. R. (2015). Party differences and energy reform: Fiscal conservatism in the California legislature.  Environmental Politics ,  24 (2), 228-248. 

Hyink, B., & Provost, D. (2016).  Politics and government in California . Routledge. 

Popham, W. J. (1971). Designing Teacher Evaluation Systems. A Series of Suggestions for Establishing Teacher Assessment Procedures as Required by the Stull Bill (AB293), 1971 California Legislature. 

Rosenbloom, D. H., O'Leary, R., & Chanin, J. (2017).  Public administration and law . Routledge. 

Siegan, B. (2018).  Property Rights: From Magna Carta to the Fourteenth Amendment . Routledge. 

Skeldon, A. C., & Dijk, D. J. (2019). School start times and daylight saving time confuse California lawmakers.  Current Biology ,  29 (8), R278-R279. 

2018 California Code :: Government Code - GOV :: TITLE 5 - LOCAL AGENCIES :: DIVISION-1 - CITIES AND COUNTIES :: PART 1 - POWERS AND DUTIES COMMON TO CITIES AND COUNTIES :: CHAPTER 2 - Public Property :: ARTICLE-8-Public Buildings. (n.d.). Retrieved May 11, 2019, from https://law.justia.com/codes/california/2018/code-gov/title-5/division-1/part-1/chapter-2/article-8/