Section § 58090

Explanation

This law requires the supervising authority to set the date and location for the final hearing on a petition. They must also ensure the clerk notifies the relevant parties about the hearing.

The supervising authority shall fix the time and place for the final hearing on the petition and shall order the clerk to give notice of the hearing.

Section § 58091

Explanation

This section outlines what must be included in a notice for a final hearing about forming a special district. The notice should include the district's name and type, where to view the petition, the district's boundaries, and estimated initial tax rate. It must also specify the hearing details and mention that any protests or land inclusion/exclusion requests will be addressed.

The notice of final hearing shall state:
(a)CA Government Code § 58091(a) The name and nature of the district.
(b)CA Government Code § 58091(b) That the petition may be inspected at the clerk’s office.
(c)CA Government Code § 58091(c) The boundaries of the proposed district and the estimated initial annual special ad valorem tax rate to the taxable property within the proposed district as computed based on the verified information provided pursuant to subdivision (d) of Section 58034 of this code.
(d)CA Government Code § 58091(d) The time and place for the final hearing.
(e)CA Government Code § 58091(e) That protests will be considered at the hearing.
(f)CA Government Code § 58091(f) That written requests for exclusion from or inclusion of land in the proposed district will be heard and considered.

Section § 58092

Explanation

The clerk is responsible for notifying involved parties about when the final hearing will take place.

The clerk shall give notice of the final hearing.

Section § 58093

Explanation

This law section says that if there is a clerical error in the notice for a hearing, the supervising authority can still continue with the hearing. The error does not invalidate any actions taken on the petition.

The supervising authority is not deprived of jurisdiction to proceed with the hearing, and no action on the petition is invalid, because of clerical error in the notice.

Section § 58094

Explanation

If there's a big mistake in the notice about a hearing, the person in charge has to schedule a new date for the hearing and send out a corrected notice.

If the notice is materially defective, the supervising authority shall reset the hearing and cause new notice to be given.

Section § 58095

Explanation

If the authorities in charge find that a petition doesn't meet legal requirements, the case can be dismissed. However, this doesn't prevent someone from filing a new petition about the same issue in the future.

If the supervising authority determines that the petition does not comply with the law, the matter may be dismissed without prejudice to the right to present a new petition on the same matter.

Section § 58096

Explanation

This law states that if the supervising authority decides that a petition and its notice are genuine and enough, that decision is final and binding on everyone, except the State. However, the State, through an action brought by the Attorney General, has one year to challenge this decision after the district's boundaries are officially set.

A finding by the supervising authority in favor of the genuineness and sufficiency of the petition and notice is conclusive against all persons except the State in a proceeding brought by the Attorney General within one year after the order establishing and describing the boundaries of the district.

Section § 58097

Explanation

If there's a meeting about creating a new district, anyone who cares about it can speak up or submit their opinion in writing during the meeting.

Oral or written protest may be made at the hearing by any person interested in the formation of the proposed district.

Section § 58098

Explanation
If you want to protest against a process, you must write out exactly what parts you think are wrong or insufficient.
Any protest to the regularity or sufficiency of the proceedings shall be written and shall clearly set forth the defects to which objection is made.

Section § 58099

Explanation

If you want to formally object to something being discussed at a final hearing, you need to submit your written protest to the clerk before that hearing takes place.

Written protests shall be filed with the clerk on or before the time fixed for the final hearing.

Section § 58100

Explanation

The hearing can be delayed, but the postponement must not go beyond a total of 60 days.

The hearing may be continued from time to time not exceeding 60 days.

Section § 58101

Explanation

If you own land in an area that might become part of a new district, you can officially ask to have your land left out during a hearing.

At the hearing any owner of land in the proposed district may present to the supervising authority a written request for exclusion of all or part of such land.

Section § 58102

Explanation
If there's a hearing about forming a new district, any landowner who is not included in the proposed area can submit a written request to join the new district.
At the hearing any owner of land outside the proposed district may present to the supervising authority a written request for inclusion of such land.

Section § 58103

Explanation

If more than half of the property owners in a proposed district, based on property value, object to its formation, then the process to create the district will stop. The authority in charge must halt the proceedings if these objections are made.

If the supervising authority finds that protest has been made, prior to the supervising authority’s final determination for formation, by the owners of real property within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the real property within the proposed district, the proceeding shall terminate. The supervising authority shall order the proceedings terminated when such protests are received.

Section § 58104

Explanation

This law states that if a proposal for creating a district is rejected or terminated, the authority in charge cannot consider any new proposals or petitions for forming that same district for the same project until at least one year has passed since the termination was ordered.

The supervising authority shall not consider a petition or other proceedings for the formation of the same district for the same project until after one year from the order of termination.

Section § 58105

Explanation

This law states that during the final hearing, if the supervising authority decides the project is practical, financially viable, and benefits the public, they will establish the limits of the proposed district.

If at the final hearing the supervising authority determines that the project is feasible, economically sound, and for the public interest, it shall fix the boundaries of the proposed district.

Section § 58105.1

Explanation

This law states that during the final hearing, if the supervising authority decides that a project or proposed district is impractical, financially unsound, or not beneficial to the public, they have the right to stop the process.

If at the final hearing the supervising authority determines that the project, or the proposed district as its boundaries are described in the petition or as changed by the supervising authority as hereafter provided, is infeasible, not economically sound, or not for the public interest, it may terminate the proceedings.

Section § 58106

Explanation

This law explains that during the final hearing of a project, officials must decide if each piece of land in question will benefit from the project. They have to specifically address any written requests from landowners who want their land excluded, examining things like current and future land use, the area's landscape, and details of the project. If the land currently hosts utilities like railroads or power lines, it is seen as permanently used for that purpose.

Lands can only be included if they're deemed beneficial to the project or district. If some lands are excluded, they can't later be added back without strong evidence showing changes that would justify inclusion.

At the final hearing the supervising authority shall exclude any land which it finds will not be benefited by the proposed project and shall make a specific finding as to each parcel of land with respect to which a written request for exclusion has been presented on the question of whether it will or will not be benefited by the proposed project. In making such finding the supervising authority shall consider present use of such land, reasonable prospective use, topography, the nature of the proposed improvements, and any other pertinent factors. The present use of lands for rights-of-way for railroads, power and communication lines, or other public utility facilities shall be presumed by the supervising authority to be permanent.
The supervising authority may include any land if it finds that the land will be benefited and that its inclusion will be to the interest of the district.
If lands are excluded by the supervising authority pursuant to this section, such lands shall not thereafter be annexed to or included in the district in the absence of a finding, based on substantial evidence, of a change in the circumstances upon which the decision to exclude such lands was based.

Section § 58107

Explanation

The authority in charge can include a property at the owner’s request. Alternatively, they can do so after notifying the owner and holding a hearing.

The supervising authority may make such inclusion upon the owner’s application or upon giving him notice of and hearing on the inclusion.

Section § 58108

Explanation

The clerk has the responsibility to send a notice about land inclusion to landowners. They must also mail this notice to anyone who has informed the clerk of their interest in the land, using the addresses listed in county assessment records.

The clerk shall publish notice of inclusion and mail it, postage prepaid, to the address of the owner of such land as shown by the last equalized county assessment roll and to any person who has filed with the clerk his name, address, and a description of land in which he has a legal or equitable interest.

Section § 58109

Explanation

This law requires that a notice must specify the land that is proposed for inclusion in a matter, and it should also mention when and where any objections to this proposal will be heard.

The notice shall describe the land proposed to be included and state the time and place at which objections to inclusion will be heard.

Section § 58110

Explanation

This law states that if the supervising authority decides a district should be created, they must pass a resolution to define its boundaries and choose a name for it. The name can be the one suggested in the petition or a different name chosen by the authority.

If the supervising authority determines that the district should be established, by resolution it shall fix and describe the boundaries, and designate a name for, the district. The name may be that proposed in the petition or any other name the supervising authority selects.