THE PUBLIC TRUST DOCTRINE

Under Roman Law the air, the rivers, the sea, and the seashore were incapable of private ownership; they were dedicated to the use of the public. This concept that tide and submerged lands are unique and that the state holds them in trust for the people has endured throughout the ages. The State Lands Commission held a workshop in San Francisco at 455 Golden Gate Avenue - August 24, 2004 from 4 p.m. to 7 p.m. A very general concept of Public Trust Law was given by a couple of speakers. Other key speakers who could speak on special cases linked to Public Trust Law, State Lands, and some unique cases could not come due to illness. Public Trust Law was enacted in California in 1850. Perhaps the only sincere speaker that had something to say was Sylvia McLaughlin who works for the Public Interest Group and was instrumental in saving much of the San Francisco Bay as we see it today. Had her group not taken a stand the Bay as we see today might have look more like a canal or a narrow estuary? A young consultant who works for the most corrupt San Francisco Redevelopment Agency made a fool of himself trying to use the Hunters Point Shipyard as a model case for Public Trust. The young man had no idea what it was talking about. Noreen Ambrose tried to do some justice by talking in generalities. Noreen has failed the constituents of San Francisco by doing a very poor job working on behalf of the San Francisco Port Authority. City Tow at Pier 70 has abused Public Trust Law and the Burton Act. Several corrupt entities continue to abuse Public Trust Law all over the SF Port jurisdiction by polluting the land, the air and the water. Mike Wilmar also spoke in generalities and I have watched him adjudicate some cases at the BCDC meetings. He represents the Real Estate developers and as such - it is mostly all for the money - greed. The California Governor is determined to get rid of the State Lands Commission that has not done as much as it could - but has taken a stand on one or two cases. Should this Commission be let go? These White Commissioners have no idea and cannot feel with the First People when it comes to the extermination of a race or land having taken from the First People by force. The once pristine land, wetlands, marshlands, clean estuaries have been polluted by those who consider development and pollution as natural products of materialism. After polluting and destroying much that was pristine some foolishly as do the State Lands Commission think they can revert and undo the wrong - this is a folly and the simple fact is we can revert some but the folly is pollution and the stupidity of greed which is inherent in most White Folks. In San Francisco the Muwekma Ohlone have seen corrupt agencies at the Federal, State, and local level break every law - Roman, Public Trust, Burton Act, and a host of other law in between linked to wetlands, marshlands, and archeological concerns. Public Trust Law will help and should help all humanity. Public Trust Law can work only if developers and greed in kept out the door. Public Trust Law looks somewhat good on paper but it really has no clout. Here is San Francisco under the direction of Monique Moyer the damsel anointed by Mayor Gavin Newsom - the Burton Act and the Public Trust Law continues to be abused. The damsel was chosen to right the wrong but seems to be swimming in the cesspool of corruption, lack of enforcement, double talk and the same - business as usual. She is the Director of the San Francisco Port Authority. The White person who has destroyed much of what is good and was pristine has no clue as to how to respect Mother Earth. The reason is very simple - many White Folks have no respect for themselves - it is mostly about greed and money. Think about it?

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