91-099 RESOLUTION NO. 91R-99
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF ANAHEIM OPPOSING THE
ENACTMENT OF ASSEMBLY BILL NO. 1819
WHICH WOULD ENACT SPECIAL AND NON-UNIFORM
RULES PERTAINING TO CONDEMNATION OF
PROPERTY FOR SPECIAL PURPOSES
WHEREAS, Assembly Bill No. 1819 (Umberg) would amend
the California Code of civil Procedure as it pertains to the
votes required to authorize condemnation of private property;
and,
WHEREAS, the proposed legislation would reduce the
requirement of a two-thirds vote to authorize condemnation to a
mere majority vote if the purpose of the condemnation is a
special purpose, in this case, for jail purposes; and,
WHEREAS, AB 1819 is clearly a specific bill targeted
solely to the potential Gypsum Canyon jail site in Orange County
which site is currently private property; and,
WHEREAS, the provisions of AB 1819 are an inherent
degradation of private property rights which would permit the
forced acquisition of private property from the owners thereof
without their consent by a simple majority vote of the condemning
authority; and,
WHEREAS, the provisions of the current law pertaining
to eminent domain were enacted to carefully balance the interests
of the public and the private property owner; and
WHEREAS, AB 1819 would seriously undermine the delicate
balance in those interests as it pertains to the special purpose
addressed by AB 1819, to wit: jail purposes; and,
WHEREAS, AB 1819 would not only initially eliminate an
important protection of private property for this special purpose
but, would in addition, set a precedent for other special
legislation to change the votes required to condemn property.
NOW, THEREFORE, BE IT RESOLVED THAT, the city Council
of the City of Anaheim does hereby vehemently express opposition
to the enactment of AB 1819 as poor public policy and selective
non-uniform legislation.
BE IT FURTHER RESOLVED THAT the city Council of the
City of Anaheim does hereby urge the local State legislative
delegation and other members of the State Legislature to oppose
AB 1819.
THE FOREGOING RESOLUTION is approved and adopted
by the city Council of the City of Anaheim this 2nd day of April,
1991.
MAYOR OF THE CITY OF ANAHEIM
PRO
ATTEST~
CITY CLERK OF THE CITY OF ANAHEIM
MES
ORDRES\AB1819
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LEONORA N. SOHL, City Clerk of the city of Anaheim, do hereby certify that
the foregoing Resolution No. 91R-99 was introduced and adopted at a regular
meeting provided by law, of the Anaheim City Council held on the 2nd day of
April, 1991, by the following vote of the members thereof:
AYES: COUNCIL MEMBERS: Simpson, Daly, Pickler and Ehrle
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Hunter
AND I FURTHER certify that the Mayor Pro Tem of the City of Anahei~l signed said
Resolution No. 91R-99 on the 3rd day of April, 1991.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the
city of Anaheim this 3rd day of April, 1991.
CITY CLERK OF THE CITY OF ANAHEIM
(SEAL)
I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that
the foregoing is the original of Resolution No.. 91R-99 , duly passed and
adopted by the City Council of the City of Anaheim on April 2, 1991.
CITY CLERK OF THE CITY OF ANAHEIM