Later courts went against this
Overruled by City of Berkeley v. Superior Court, 26 Cal. 3d 515 (1980)
Returning to City of Berkeley, in which the California Supreme Court overturned two prior opinions that had held that deeds issued by the California Board of Tide Land Commissioners pursuant to an 1870 legislative act conveyed absolute title to the grantees, 162 Cal.Rptr. at 337-38, 606 P.2d at 372-73 (overruling Knudson v. Kearney, 171 Cal. 250, 152 P. 541 (1915) and Alameda Conservation Ass’n v. City of Alameda, 26…
The opinion
MELVIN, J.
I concur in the conclusion reached by Mr. Justice Shaw, and generally with what he says in reference to the power of the state, acting through a commission to sell
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certain of its tide-lands, reserving no part of the fee nor dominion over them for purposes of navigation and fishery. I do not wish to be understood, however, as assenting to the reasoning and conclusions in
People
v.
California Fish Co.,
166 Cal. 575 , [ 138 Pac. 79 ], and the other cases disposing of the title to the tide-lands at San Pedro and in that vicinity. In other words, I still completely concur in the views of Mr. Justiee Henshaw expressed in the dissenting opinion in
People
v.
Southern Pac. R. R. Co.,
166 Cal. 621 , [ 138 Pac. 94 ].
Lorigan, J., concurred.