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In that case an injunction was issued to prevent the diversion of water that was flowing into Lake Elsinore where the primary uses made of the water were for recreation. It also appeared that there were several businesses in the [ Cal. In affirming the issuance of the injunction, the court said, at page " Neither the maintenance of health-giving recreational opportunities, nor the existence and continuance of large business interests devoted to and built up for the purpose of making those opportunities available to large numbers of its citizens, can be held to be against the public policy of this state.
In view of the fact that recreational uses are clearly related and incidental to the maintenance and operation of a dam and reservoir for flood control and water conservation purposes, and also recognizing the strong public interest in such recreational uses as shown by legislative declarations and approval, we believe that under the act the power of eminent domain would include the taking of property for such related and incidental uses.
The principle of taking incidental property to carry out and make effective the principal uses involved was recognized in University of Southern California v.
Robbins, 1 Cal. The taking of the land such as that in question was expressly contemplated by the legislature and is in accord with the liberal construction given by our courts to such provisions of the law. We conclude that beneficial and useful purposes of flood control and water conservation include recreational uses and that the act prior to its amendment in as it stood when the action here was commenced did authorize and empower the plaintiff district to condemn property for such recreational uses, particularly as incidental to a project for flood control and water conservation.
Chapter 60 was adopted as an emergency measure at the First Extraordinary Session of the Legislature [ Cal. Considering that the project was in process of construction, that condemnation proceedings were known to be pending for the acquisition of various lands for the project and that the pending project should include by way of clarification the acquisition of lands for incidental recreational uses and facilities to be built on unflooded areas, the words "heretofore or hereafter constructed" clearly mean that the objectives were confirmed by the Legislature and should apply to the pending project.
Further, the proviso at the end of the new section 4 specifically and clearly indicates that the amendment should apply to pending actions. In that section the amendment first conferred on the district an unqualified power to take lands for incidental recreational facilities of an upland character [ Cal.
Nothing could more plainly and expressly state that the Legislature, desiring the project to include recreational facilities, approved of the acquisition of all lands in cases then pending and did not require the consent of any other county with respect to the pending project. Defendant contends that as construed to be retroactive and applicable to pending actions, chapter 60 is unconstitutional as being violative of the due [ Cal. We do not agree for the following reasons:. This supplemental amendment was in effect long before defendant appeared in the action by demurrer to the amended complaint March 20, Any defense predicated upon the argument that at the time action was filed there was an absence of statutory authority to condemn for recreational uses relates solely to a matter which the Legislature might have provided for initially and was validly eliminated by the supplemental statute supplying or ratifying the authority which the Legislature might initially have conferred.
The adoption of [ Cal. Hamilton, Cal. Neither allegation nor proof of further facts can be considered. Water Conservation Dist. Stanley, Cal. Superior Court, 37 Cal. Since when the Los Angeles County Flood Control District was created the Legislature has created 23 flood control and water conservation districts. Of these, 20 are county districts.
In Solvang Municipal Imp. Jensen, Cal. Such recitals, if not contrary to facts that are of common knowledge, will be deemed conclusive by the courts. In City of Los Angeles v.
The court said at page "This particularity of description of the improvements and property authorized to be accepted by the district presupposes a prior inquiry and investigation on the part of the legislature and a finding by it that such designated improvements will be useful for the purposes of the district and beneficial to the territory comprising the flood control district. The Constitution and the decisions do not preclude the carrying out of that program by the enactment of the legislation referred to.
The mere fact that the legislation is retrospective and that it applies to statutory authorization to condemn does not make it unconstitutional. The curative legislation here in no way affected vested rights in property, or property that had already been taken by condemnation, or defenses in a condemnation action already pleaded; here the legislation was adopted before the defendant had appeared in the action and years before the property was taken by judgment. Additional powers may be given to commissioners who are making an acquisition while the proceedings are still pending without violating any constitutional provisions.
So, also, an owner has no vested right in a defense to condemnation proceedings based on some technical defect in the taking; the legislature, by a curative act, can remedy the error and the taking will become valid. In conclusion, on defendant's argument that plaintiff had no power and the court had no jurisdiction to condemn property for recreational uses, we believe that the findings, conclusions and the judgment of the trial court, asserting that the court had jurisdiction, and the plaintiff district had the authority, to condemn defendant's property for recreational uses, are fully supported by the evidence and are correct in law.
The findings made at the preliminary trial that are pertinent here are findings 13 and 14 relating to public use and necessity. In finding 13 set forth in the footnote fn. In finding 14 the pertinent portion is set forth in the footnote fn. The defendant would eliminate the portions of these findings dealing with recreational uses as improper and not authorized by law and defendant then attacks the remainder of the finding as permitting excess condemnation, first as to area and then as to the estate taken, a fee simple title.
Defendant argues that the elevation of the dam is feet and that the taking of any land of defendant above feet possibly feet constitutes excess condemnation. As defendant points out one of the witnesses for plaintiff testified [ Cal. Without reference to incidental recreational uses, the taking of all of defendant's property contained in parcels 1 and 2, and the findings mentioned, are supported by the following:. A summary of some of the testimony of plaintiff's engineers is: Flooding will occur above elevation whenever the water reaches the elevation of the spillway and additional inflow occurs.
Water elevations upstream build up above those at the spillway. The maximum elevation of such floods is probably feet.
If the spillway design flood should occur, the water would go to elevation and another 5 feet are needed for wave and other action on the reservoir. Water would be impounded above feet, though it might not be at rest, and therefore the dam may impound waters to an elevation of feet, as alleged in the complaint.
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Normal procedure is to build the reservoir against such a prospect and to provide some margin. There were several periods in the past when the lake "would have stood" at elevation for three or four months. The elevations reached by floods above feet are not portrayed in the exhibits as they are widely variable, no two floods being alike.
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Closed Session under Government Code section , relating to the following items: a. CR Supervisor Parker. Supervisor Salinas. APP Supervisor Phillips. Full Board. Salinas, CA Access: There are 18 members of the California Rodeo Heritage Committee that are available for tours. California State University Monterey Bay.
County of Monterey
Robin Guthrie, Archives Specialist. Access: Access is by appointment only. This collection contains correspondence, photographs, newspapers, notes, programs, ephemera, and other material documenting the political activity and community involvement of Matt Friday and Bruce Carlson.
The bulk of material relates in particular to their activism on behalf of the LGBTQ community in the Monterey County region and its struggle for legal and social recognition. The bulk of the collection consists of monthly newsletters containing meeting information and member announcements from Additional materials include event fliers, financial statements, meeting details, and correspondence. Parents, Family and Friends of Lesbians and Gays records.
This collection contains newspapers, posters, programs, and other materials related to Demeter Resources, a nonprofit women's organization founded in , dedicated to the growth of the feminist community and the development of women's culture in the Monterey Bay area. The newspapers date from , with other materials from It includes information related to the history of the arts and craft programs, administrative papers and correspondence, and policies and procedures for running the craft shops, specifically those located on Fort Ord, but also other shops within the Crafts Complex, such as the Presidio of Monterey.
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This collection also includes training materials, job descriptions, letters of recommendation, activity and attendance reports, interest surveys, budgets, and floor plans. Materials documenting programming include photographs and slides of art gallery events, specific pieces of art, art photography, photographs of classes and students, fliers, clippings, ephemera, artifacts, and framed items. Farr Legacy Collection , which documents the public service careers of Congressman Sam Farr and his father, state Senator Fred Farr, and the impact of their work throughout the state of California and across the United States.
This collection documents the career of journalist and author Robert Lindsey.
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It also includes working manuscripts and published copies of his books, as well as newspaper clippings of Lindsey's articles from Writings, correspondence, clippings, photographs, business records, recordings, publications, fliers, posters, artwork, notes, scrapbooks and other personal papers of Carmel poet Ric Masten and his wife, poet Billie Barbara Masten, from , Materials include reports, clippings, publications, and subject files, predominantly related to Woodworth's research on water use and conservation on the Monterey Peninsula and his work as a board member of the Monterey Peninsula Water Management District Also included are materials related to reuse planning of the former Fort Ord military base Photographers on California Coast, , Frank B.
Rodolph Photo CU Naval vessels, transportation including horse-drawn vehicles, railroad, automobiles, early aviation, John Steinbeck, Ed F. Please see our website for a complete listing www.