City of Santa Barbara v. Maher

McCOMB, J.

This is a proceeding in

mandamus

to compel respondent, Mayor of the City of Santa Barbara, to sign and execute on behalf of said city a lease of certain real property located in the county of Santa Barbara.

In 1925 the state legislature granted to the City of Santa Barbara all of the tide lands and submerged lands bordering said city. In 1929 the city constructed a breakwater, and as a result thereof by the year 1936 several acres of sand had accumulated along the northerly side of the breakwater, which prevented the tide from flowing over the land as formerly. In 1937 the legislature granted all of the state’s title in and to the accretions above mentioned to the City of Santa Barbara, and authorized the city to lease the aforementioned accretions to the state of California to be used

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by the latter for a state college athletic field in connection with the Santa Barbara State College. January 24, 1938, the city council of Santa Barbara ordered the execution of a ninety-nine-year lease of the aforementioned property to the state of California, but respondent mayor has refused to sign and execute the lease as directed on the ground that since the electors of the City of Santa Barbara have not approved the léase the city is without authority to enter into the transaction, in view of section 2, article I, of the city charter, which reads in part as follows:

“Provided, however, the title to real estate or water, water rights and privileges in connection therewith shall not be conveyed or aliened except by a vote of the electors at an election held for that purpose." (Stats. 1927, p. 2066.) These are the questions presented for determination:

First: Is a ninety-nine-year lease of real property a conveyance of real estatef

Second: Does the phrase “privileges in connection therewith” as used in section 2, article I, of the Santa Barbara city charter modify the words “real estate”?

The answer to the first question must be in the negative. In California the phrases “real estate" and “real property" are synonymous.

(Dabney