GeneralChange of Boundaries

Section § 58850

Explanation

This law defines key terms and concepts for understanding how changes to local districts, which are funded by property taxes, are proposed and managed. It clarifies two main terms: 'county surveyor' refers to either the county surveyor or any other designated county employee, and 'proposal' refers to plans for creating or changing the boundaries of a district supported by property taxes. Additionally, it specifies that this chapter does not cover proposals for special assessment districts meant for municipal and county improvements or certain transit and utility districts spanning multiple counties.

Unless the provisions or context otherwise require, the following definitions shall govern the construction of this chapter:
(a)CA Government Code § 58850(a) “County surveyor” means the county surveyor or such other county officer or employee as the board of supervisors may designate.
(b)CA Government Code § 58850(b) “Proposal” means any proposal for the formation of a new, or a change in the boundaries of an existing, district exercising functions that are, or may be, supported by taxes or special assessment taxes levied on property within the district and collected with county taxes. This chapter does not apply to proposals concerning special assessment districts formed for the purpose of providing various municipal and county improvements, or to a municipal utility district, or a transit district organized under the Transit District Law (Division 10, commencing with Section 24501, of the Public Utilities Code), whose boundaries include all or portions of two or more counties.
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Section § 58851

Explanation

This law states that for certain proposals not overseen by the local agency formation commission, the county surveyor and county assessor need to check the boundary descriptions. Additionally, any state law that mentions the county boundary commission should be understood to mean the local agency formation commission for proposals under their control.

The county surveyor and the county assessor shall review the boundary description contained in those proposals which are not subject to the jurisdiction of the local agency formation commission pursuant to Chapter 6.6 (commencing with Section 54775) of Part 1 of Division 2 of Title 5 or Division 1 (commencing with Section 56000), Title 6 of this code. Whenever the county boundary commission is referred to in state law, the reference shall be deemed to be to the local agency formation commission when the reference is in connection with any proposal over which the local agency formation commission has jurisdiction.
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Section § 58852

Explanation

Before you start collecting signatures for a petition, or before submitting your proposal to the board of supervisors or the district's governing body, you need to first give it to the county surveyor.

Your proposal must include a map and a detailed legal description of the area you're dealing with.

Prior to circulation of a petition, if such circulation is required, or otherwise prior to filing with the board of supervisors or with the governing body of a district, the proposal shall be submitted to the county surveyor as provided in this chapter. Each such proposal shall be accompanied by a map showing the boundaries of the territory involved and by a specific detailed legal description of the boundaries of such territory.
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Section § 58853

Explanation

When a proposal involves land that spans multiple counties, a copy must be given to the county surveyor in each affected county. Each county's surveyor handles their section of the land to check and report on the boundaries within their specific county.

If the territory involved in the proposal is located in two or more counties, a copy of the proposal shall be filed with the county surveyor of each such county. The county surveyor of each such county shall have jurisdiction over and shall report upon those portions of the boundaries and territory which shall be located within each such county.
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Section § 58854

Explanation

This law requires the county surveyor to review and report on boundaries in a proposal within 30 days of it being filed. If the surveyor doesn't report back within that time frame, it means the boundaries are automatically approved as submitted.

Within 30 days after filing, the county surveyor shall review and report on boundaries set forth in the proposal. Failure to report on a proposal within said 30-day period shall be deemed approval of the boundaries as set forth therein.
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Section § 58855

Explanation

This law section requires the county surveyor to send written notice within 10 days after a proposal is filed. The notice must be mailed to every city, county, or district that includes any part of the land in the proposal, as well as to anyone who has asked for special notice about such filings.

Within 10 days after the filing of any proposal, the county surveyor shall give written notice as provided in Section 58855.5 by mailing notice of such filing:
(a)CA Government Code § 58855(a) To each city, county, or district the boundaries of which contain all or any portion of the lands described in the proposal; and
(b)CA Government Code § 58855(b) To each person who has filed a written request for special notice of such filings of such proposals with the county surveyor.
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Section § 58855.5

Explanation

This law outlines how proposals should be notified through mail. The notice must be sent via first-class mail, and it is considered delivered when mailed. If the proposal notification is for a city, county, or district, it should be sent to the clerk. If there are individuals who have requested special notice, it should be sent to those individuals by the county surveyor.

Mailed notice of any proposal shall be sent first class and deposited, postage prepaid, in the United States mails and shall be deemed to have been given when so deposited. When notice is required to be given to:
(a)CA Government Code § 58855.5(a) A city, county or district, it shall be addressed to the clerk thereof;
(b)CA Government Code § 58855.5(b) Persons requesting special notice, it shall be addressed to each person who has filed a written request for special notice of filings of proposals with the county surveyor.
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Section § 58856

Explanation

This law section outlines what the county surveyor should consider when reviewing a boundary proposal. The surveyor needs to check if the boundaries are clear and precise, match property lines according to county records, and take into account any public interest issues related to the boundary location.

Factors to be considered by the county surveyor in review of a proposal shall include:
(a)CA Government Code § 58856(a) The definiteness and certainty of the proposed boundaries;
(b)CA Government Code § 58856(b) Conformance of the proposed boundaries with lines of ownership, as shown on the last equalized assessment roll of the county or by documents of record in the office of the county recorder; and
(c)CA Government Code § 58856(c) Other similar matters of public interest resulting from the location of the proposed boundaries.
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Section § 58857

Explanation

This law allows the county surveyor to hold a public hearing on a proposal if it's considered beneficial for the public. Notice of the hearing must be given to the same cities and districts that received notice before, and may also be given to other relevant parties as the surveyor decides.

If he deems it to be in the public interest, the county surveyor may hold a public hearing on the proposal. Notice of any such hearing shall be given to the same cities and districts as were given notice pursuant to Section 58855 and may be given to such other cities, districts, public agencies, or persons as the county surveyor may direct.
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Section § 58858

Explanation

This law allows a county surveyor to adjust the boundaries in a proposal if the supporters agree to the changes and the new boundaries comply with existing laws. These changes must not include areas that couldn't originally be included. If a city or district within three miles wasn't notified before, they must receive notice within five days of the boundary change.

The county surveyor may make changes in the boundaries set forth in a proposal if:
(a)CA Government Code § 58858(a) The proponents consent; and
(b)CA Government Code § 58858(b) The territory contained within the revised boundaries complies with the requirements of any applicable law and does not include any territory which could not have been included at the time of the filing of the proposal.
If written notice was previously given pursuant to Section 58855, within five days after making any such change, the county surveyor shall give written notice thereof to any city or district, within three miles of the changed boundaries, which was not previously given notice.
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Section § 58859

Explanation

The county surveyor must give a copy of their report, along with any suggestions from the county assessor, to the people who proposed the project and the local government that will handle the related proceedings.

The county surveyor shall deliver a copy of his report together with any recommendations made by the county assessor to the proponents and to the legislative body having jurisdiction to conduct appropriate proceedings.
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Section § 58860

Explanation

This law section says that if people proposing something don't agree with the county surveyor's suggestions in his report, they need to write down their reasons and give it to the legislative body in charge of handling the situation. They must also give a copy to the county surveyor. The proposal can only be shared or submitted to the board of supervisors or the district's governing body after the report is provided.

If the proponents do not accept the county surveyor’s recommendations as contained in his report, they shall file a statement of reasons with the legislative body having jurisdiction to conduct the appropriate proceedings. The proponents shall also furnish a copy of such statement to the county surveyor. The proposal may be circulated or filed with the board of supervisors or the governing body of the district, if any, only after such a report has been furnished.
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Section § 58861

Explanation

Before making a decision on a proposal, the local government authority must review and weigh the county surveyor's report according to what they believe is best for the public interest.

Before acting upon any proposal, the legislative body having jurisdiction shall consider the report of the county surveyor and give it such weight as in its judgment the public interest requires.
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