East Oregonian : E.O. (Pendleton, OR) 1888-current, 1905-01-18

The following bill, designed to give
cities protection against freshets, over
flowing waters and floods, has been
introduced by Senator Pierce of this
county.
1t empowers cities TO condemn any
property needed to protect the public
from high water and is a much need
ed law in Oregon:
A bill for an act to amend section
51OS of the codes and statutes of Ore
gon, as compiled by Hon. Charles b.
Beillnger and William w. Cotton, on
the subject OF appropriation OF land
70. ccri' rar purposes.
Be it eracted by the legislative as
sembly of the state of Oregon; also
be it enacted by the people of the
state of oregon;
| Section /. That section 510S of the
codes and statutes, as compiled and
annotated by Charles b. Bellinger
and william w. Cotton, be amended
to read as follows:
Sec. 510S. Any incorporated city
or town of this state shall have the
right to appropriate any private real
property, water, water courses, and
water and riparian rights, to any pub
lie or municipal use or uses, or for
the general benefit of the people of
said city or town, or to protect said
city or town from overflow by fresh
cts, and any such property or rights
may be entered upon, surveyed, exam
ined, and selected for the purpose of
constructing any ditch, dixie, canal,
flume or reservoir, or laying or con-
structing any pipe or aqueduct, in
the mode prescribed by this chapter
and the statutes of this state for the
Il appropriation of land for corporate
purposes; and such appropriations
may extend beyond the corporate linn
its of said city or town. to or along
and including any adjacent or neigh
| boring lake, spring or stream; and az
ter the selection of such rights and
property in such manner as the coun-
Gil may provide, the city or town
seeking to make such appropriation
may proceed in the manner prescribed
in this act to have such property ap'
, propriated and the compensation
therefor determined and paid, ant
, not otherwise; except that the com
pensation in the case of such city ol
town is to be paid by a deposit IL
court of ar order duly drawn upor
the treasurer thereof for the amoun
of such compensation:
Provided. however, that in all cit
les containing less than $1,000 inhab
ltants. no action for the appropriation
OF private property or for the pay
1 ment therefor, as allowed by this act
| shaii be taken by the council of sucf
3 city or town, except a majority of th'
: taxpayers of said city or town. votlnS
e at an election to be called and helC
for that purpose. have voted in favol
+ of said action, but said proviSo shal
: not apply to cases where private
property is sought to be obtained fol
the purpose of protecting such citl
y or town from overflow by freshets
n but in such cases the common coun
Gil shall have the power to institute
action for the appropriation of pri
vate property for such purpose an'
to provide for the payment therefor
Inasmuch as the public health II
endangered by reason OF the made
, auacy of the present laws to provide
for the protection of cities and towns
j from ovreflow by freshets an emer
gency is hereby declared to exist
therefore this act shall be in full force
= and effect forthwith upon its ap
( proval by the governor.