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Can housing be built within the Tideland Trust?

Estuary Park land may be in the TideLand Trust which would only allow a park to be created there, not housing.

An additional concern complicates the issue of building housing on the land along the Estuary. It may be part of land with the Tideland Trust. That’s Federally controlled land. Housing can’t be built on it. It may be the part of the land between the high tide mark in the original marshland and the Estuary. (See Maps of the Estuary Park Site.)

This issue is not easily solved. The included map showing details of the Dutra, Fox/Wright, and Collins properties shows the boundary line. No one in the Federal, State, or City government has given a clear answer to the question, Can housing be built on land bordering the Estuary? The final authority is the California State Land Commission. Though E.P.A.C. has submitted the question to them months ago, they still have not decided whether the Estuary Park site lies within the trust lands. The City can’t ignore the question or it risks a lawsuit.

Contact E.P.A.C. member Jean Sweeney, also Chairperson of Alameda Open Space, for more information about this issue:

Jean Sweeney, Chair
Alameda Open Space
Phone: (510) 522-1579
Email: jean_sweeney@juno.com

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