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<br /> IT WAS MOVED BY MR. SI EGE.NTHALER, SECONDED BY MR. BOOTH, THAT THE RISIGNATION BE ACCEPTED
<br />I '[ WITH THE COUNCIL'S THANKS FOR HIS SERVICE AND THE.IR REGRET THAT HE HAD TO RESIGN. MOTION
<br /> I,
<br /> II CARRIED.
<br /> . .
<br /> II
<br /> II IT WAS MOVED BY MR. SIEGENTHALER, SECONDED BY MR. BOOTH, THAT THE FILLING OF THE VACANCY
<br /> I, CREATED BY THE RESIGNATION OF MR. CONE BE REFERRED Tq THE COMMITTEE OF THE WHOLE. MOTION I
<br /> I! CARRIED. THIS MEETING WAS SET FOR 7:30 P.M., THURSDAY, NOVEMBER 18, 1954, I.N THE COUNC I L
<br /> ,I CHAMBERS.
<br /> it
<br /> INTRODUCED AN OPI.NION rROM THE DISTRICT ATTORNEY OF LANE COUNTY CONCERN-
<br />19 II THE CITY ATTORNEY
<br /> ING THE POSSIBILITY OF THE COUNTY BEING ABLE TO LEASE OR SELL A PORTION OF THE PARK BLOCK TO
<br /> II THE CITY OF EUGENE FOR LIBRARY PURPOSES. IT WAS READ AS FOLLOWS:
<br /> ,I
<br /> II
<br /> I "AT YOUR REQUEST THIS OFFICE SUBMITS HEREWITH THIS MEMORANDUM REGARDING POSSIBLE
<br /> II
<br /> r ALLOCATION OF COUNTY PROPERTY TO THE CITY OF EUGENE TO BE USED IN CONNECTION WITH A
<br /> ,t PROPOSED CITY LIBRARY, THE SPECIFIC PROPERTY BEING THE SOUTHEAST PARK BLOCK LOCATED
<br /> Ii IN THE PUBLIC SQUARE.
<br /> I'
<br />e I'
<br /> i! AT THE PRESENT WRITING THIS OFFICE .
<br /> I: IS NOT ADVISED or ANY SPECIFIC PLAN OR PROPOSAL RE-
<br /> II GARDING THIS MATTER. THIS MEMORANDUM, THEREFORE, EMBRACES ONLY THE GENERAL PROBLEMS WHICH
<br /> 'I WILL CONFRONT THE GOVERNMENTAL AGENCIES INVOLVED IN FUTURE PLANNING. BE ADVISED AT THE
<br /> "
<br /> I
<br /> I, OUTSET, HOWEVER, THAT THIS OFFICE IS OF THE OPINION THAT A WORKABLE PLAN CAN BE EFFECTED,
<br /> 'I
<br /> I, THOUGH THE FORM OF THAT PLAN MUST BE LEFT TO FUTURE STUDY AND DELIBERATION.
<br /> Ii
<br /> Ii I . THE STATE OF OREGON HAS ~PON I.TS BOOKS.LEGISLATION RELATING TO THE L~MITATION \
<br /> Ii
<br />I 'I OF THE POWER OF .ALfENATION BY THE COUNTY IN CERTAIN SITUATIONS. ONE SUCH PIECE OF LEGIS-
<br /> I! LA T! ON IS O.R.S. 275.330. THIS STATUTE ~ANNOT ~E ASSUMED TO BE OBSOLETE NOR FORGOTTEN,
<br /> Ii
<br /> Ii SINCE THE LEGISLATURE HAS DEALT WITH IT BY WAY OF AMENOMENT AS RECENTLY AS THE 1951
<br /> SESSION.
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<br /> I,
<br /> ,. THE STATUTE PROVIDES, IN PART:
<br /> Ii .
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<br /> I' , (, ) UPON THE ENTRY OF AN ORDER ~Y THE COUNTY COURT SETTING ASIDE THE REAL PROPERTY
<br /> I.
<br /> II PUBLIC PARK OR RECREATIONAL -AREA, THE LANDS SHALL BE SET APART
<br /> II FOR COUNTY FOREST,
<br /> , FOR SUCH USE AND THEREAFTER MAY NOT BE ALIENATED BY COUNTY COURT FOR ANY P.URPOSE
<br /> Ii
<br /> I UNLESS AUTHORI.ZEO BY A MAJORI.TY QF THE VOTERS OF THECCOUNTY IN A REGULAR OR SPECIAL
<br /> Ii
<br /> I: ELECT! ON, EXCEPT THAT. THE COUNTY COURT MAY CONVEY THE LANDS TO THE STATE, OR AN I
<br /> 'I
<br />e. I; INCORPORATED CITY OR TOWN'OR THE UNITED STATES GOVERNMENT FOR PUBLIC USE; PROVIDED
<br /> I: THAT SUCH ~ONVEYANCE MAY BE MADE WITHOUT THE PAYMENT OF COMPENSATION , (THEN
<br /> I: . . .
<br /> FOLLOWS PROVISIONS FOR RELIEF FROM TAXATION OF LANDS SO CONVEYED AND PROVIDING FOR
<br /> " SECT! ON (2) RELATES TO PROCEDURES OF
<br /> il AGREEMENTS AS TO MANAGEMENT OF TIMBER LANDS.
<br /> !: THE COURT AS TO PUBLICATION OF NOTICE, HEARl NG AND ORDERS. )
<br /> J:
<br /> I' IT APPEARS THAT ON DECEMBER 7, 1854, THE COUNTY COURT, CONSISTING OF THE THREE
<br /> I'
<br /> I ~ COUNTY COMMISSIONERS, DID CAUSE AN ORDER TO BE ENTERED SETTING ASIDE THE PARtrlCULAR
<br /> II AREA AS A PARK AND RECREATIONAL AREA. ASSUMING THAT THE 1854 PROCEEDINGS ARE LEGALLY
<br /> II
<br /> ! ~ UNIMPEACHABLE, THE STATUTE HAS APPARENT APPLICA~ION TO THE PROBLEM AT HAND.
<br /> ,
<br /> I:
<br /> .' (.A)
<br /> .Ii A SPECIAL OR GENERAL ELECTION BY THE VOTERS Of LANE COUNTY AUTHORIZING DISPOSI-
<br />I TION OF THE PROPERTY IN QUESTION WOULD RELEA~E THE COUNTY FROM THE 1854 ORDER AND
<br /> II THE APPARENT RESTRICTIONS OF THE STATUTE.
<br /> I:
<br /> I! (B) A DEED WITHOUT CONSIDERATION, I . E. , A GIFT OF THE PROPERTY TO THE CITY IS
<br /> I'
<br /> II PERMISSIBLE WHERE A PUBLIC PURPOSE IS THE MOTIVATION Of THE TRANSACTION.
<br /> 2. THE QUESTION ARISES AS TO WHETHER OR NOT SOME TRANSFER or AN INTEREST I N THE
<br /> I PROPERTY IN QUESTION CAN BE ACCOMPLISHED WHEREBY THE COUNTY CAN RECEIVE REASONABLE
<br /> 'I
<br />e I! REMUNERATION.
<br /> i'
<br /> Ii
<br /> Ii ' . THIS OFFICE CALLS YOUR ATTENTION TO THE TERM "ALIENATED" IN THE .:>TATUTE. WHILE
<br /> THERE IS NO CASE REPORTED FROM THE OREGON SUPREME COURT INTERPRETING THIS TERM, OR ANY
<br /> I: OTHER TERM or THE STATUTE, AND WHILE THERE IS NO COMPARABLE LEGISLATION IN OTHER STATES
<br /> I'
<br /> I: WHICH HAS RECEIVED JUDICIAL I NTERPRETATI ON, THE WORK "ALIENATE" HAS 13EEN INTERPRETED IN
<br /> SLIGHTLY DIFFERENT CONTEXTS BY THE COURTS IN OTHER STATES. THESE CASES INDICATE A
<br /> I: "All ENATE" AS
<br /> 'I POSITIVE SPLIT OF AUTHORITY AS TO THE PROPER INTERPRErATfON OF THE WORD
<br /> "
<br /> Ii IT MAY APPEAR IN DEEDS, WILLS, CORPORATION CHARTERS, ORDINANCES OR STATUTES. SOME or
<br /> Ii THE CASES ADHERE TO THE PROPOSITION THAT "ALIENATION? CONTEMPLATES AN ABSOLUTE SURRENDER
<br /> I' AND PARTING OF TITLE TO THE PROPERTY, AND ACTS SHORT OF SUCH DIVESTMENT OF TITLE, WHILE
<br /> Ii
<br /> THEY ARE USUALLY ACCOMPLISHED BY SOME FORM OF CONVEYANCE, ARE NOT PROPERLY DENOMINATED
<br /> 11 AS AN "ALIENATION".
<br /> II HUBBELL V. HUBBELL, I I 3 N ..W . 512, 515, 135 IOWA 637
<br /> I STARK'V DUVALL, 54 P. 453, 454, 7 I KL. 213
<br />I I GOULD V. HEAD, F. 240, .
<br /> , 41 245.
<br /> I ORELL V BAY MFG CO., 36 SO. 561, 563, 83, MISS. 800, CITING STARK V. DUVALL.
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