Senate Bill 1035 (Alquist-1979)
Chapter 155, Statutes of 1979
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The Senate Republican Caucus analysis provides the following digest of Senate Bill 1035 as it was last amended on May 31, 1979:
This bill authorizes a city to acquire, by purchase or eminent domain, property outside its boundaries in the unincorporated area of the county in which the city is located, if it is necessary to connect or widen existing streets of the acquiring city and if the county consents to the acquisition.
(See Exhibit #5b)
Some background information regarding the need for the bill is contained in the analysis of the Senate Committee on Local Government, stating:
Existing law provides no authorization for a city to acquire property to construct streets outside its boundaries in the unincorporated area of a county.
The City of San Jose recently adopted a road program. In order to implement the project, San Jose must use land outside its area limits to avoid hopscotching [sic] city streets.
(See Exhibit #3)
A letter from the City of San Jose to Governor Brown, Jr. provides further background information regarding the need for the provisions enacted by Senate Bill 1035:
The City of San Jose, due to substantial growth, is facing the need to widen and extend many of its existing streets. However, because of the City’s irregular boundaries much of the property which must be acquired to accomplish such widening and connecting lies in the unincorporated area of the County. Under existing law, the City is unable to acquire by purchase or eminent domain such property.
Specifically, the provisions of SB 1035 would solve the City’s existing problem by allowing acquisition by the City of property for public street purposes in the unincorporated County area if necessary to connect or widen existing city streets and if the County consents to such acquisition. The property thus acquired would become a city street for all purposes and subject to its police and regulatory powers.
(See Exhibit #8, document PE-5)
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