This section explains that the process described here is the only method allowed for changing, altering, or reforming county boundaries if it’s not already permitted under a different specified law (Article 4 of Chapter 2 of Division 1 of Title 3).
This article shall provide the sole procedure for the change, alteration or reformation of existing county boundaries, not authorized to be taken pursuant to Article 4 (commencing with Section 23200) of Chapter 2 of Division 1 of Title 3 of the Government Code.
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This section defines several terms used in the context of county boundary changes in California. An 'accepting county' is the one that takes in new territory due to a boundary change, while a 'transferring county' is the one giving up territory. A 'clerk' refers to someone responsible for election-related duties, involving the board or registrar of voters. The 'commission' is the County Boundary Review Commission. 'Indebtedness' includes the county's financial liabilities from long-term contracts, excluding short-term expenses, and calculated after offsetting certain revenues. An 'owner' is typically the person listed in the property's most recent tax roll, unless there is a purchasing agreement. 'Uninhabited territory' is defined as having fewer than 12 registered voters. Finally, 'value of the uninhabited territory' refers to the land and improvements value.
As used in this article:
(a)CA Government Code § 23231(a) “Accepting county” means the county accepting transferred territory by reason of a county boundary change.
(b)CA Government Code § 23231(b) “Clerk” means the clerk of a county board of supervisors. When the office of clerk of the board is separate from the office of registrar of voters, “clerk” means the registrar of voters with respect to all duties pertaining to the conduct of elections and the certification of petitions and clerk of the board with respect to all other duties specified in this article.
(c)CA Government Code § 23231(c) “Commission” means the County Boundary Review Commission.
(d)CA Government Code § 23231(d) “Indebtedness” means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. Net obligation shall be deemed to mean the gross obligation outstanding after deduction of offsetting revenues, other than tax revenues.
(e)CA Government Code § 23231(e) “Owner” means the owner as shown on the last equalized assessment roll, except that the person entitled to be shown as owner on the current assessment roll shall be deemed the owner, and except that, where the property affected is subject to a recorded written agreement to buy, the purchaser under such agreement to buy shall be deemed the owner.
(f)CA Government Code § 23231(f) “Transferring county” means the county from which territory is, or is proposed to be, transferred by reason of a county boundary change.
(g)CA Government Code § 23231(g) “Uninhabited territory” means territory where less than 12 persons who have been registered to vote within the territory for at least 54 days reside at the time of filing of a petition or resolution for county boundary change.
(h)CA Government Code § 23231(h) “Value of the uninhabited territory” means the value of land and improvements thereon.
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This law states that the processes described in this article do not follow the rules set by the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000, which deals with how local government boundaries and formations are managed.
Proceedings under this article shall not be subject to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3 (commencing with Section 56000) of Title 5), relating to local agency formation commissions.
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You can start the process to change the boundary lines between counties by filing a petition or having a resolution passed by either county's legislative body or any city within those counties. This must be filed with the clerk of the county from which land might be transferred.
Proceedings to change, alter, or reform the boundary lines between counties may be initiated by petition, or by resolution of the legislative body of either affected county or of any city within either affected county filed with the clerk of the transferring county.
boundary change alter county lines reform county boundaries ...
This law requires a petition to include several specific details if you want to change a boundary line between counties. You need to clearly describe the new boundary line, confirm it doesn't cut through any city, state the size of the area being transferred in square miles, detail the population effects on each county involved, and name both the county giving up and the one receiving the territory.
A petition shall contain in substance the following:
(a)CA Government Code § 23234(a) An accurate description of the proposed new boundary line as it will appear or exist if the existing boundary line is changed, altered and reformed.
(b)CA Government Code § 23234(b) A statement that the proposed new boundary line does not pass through or divide the territory of any incorporated city.
(c)CA Government Code § 23234(c) A statement of the area in square miles of the territory proposed to be transferred.
(d)CA Government Code § 23234(d) A statement of the population which will remain in each of the counties affected.
(e)CA Government Code § 23234(e) The name of the transferring and accepting counties.
boundary change petition requirements territory transfer ...
This law section states that a petition must be signed by at least 25% of registered voters from each affected county based on the voter registration numbers from the last governor's election.
The petition shall be signed by qualified electors of either affected county equaling in number not less than 25 percent of the number of electors of each county registered within the county on the date of the last preceding gubernatorial election.
petition requirements qualified electors affected counties ...
This law explains how land can be transferred from one county to another in California when the land is uninhabited. The process can start with a petition from owners who hold at least one-fourth of the land, both in size and value. The value is based on the county's latest assessment records. The petition also needs to meet other specific requirements outlined in the relevant article.
When the territory to be transferred from one county to another is uninhabited, proceedings may also be initiated by a petition signed by the owners of not less than one-fourth of the land in the territory by area and by assessed value as shown in the last equalized assessment roll of the county in which the territory is situate. Such petitions shall comply with all other requirements of this article.
uninhabited land transfer petition requirements county land transfer ...
This law requires that after signing a petition, a person (elector) must include their county of residence, street address or some form of identifiable residence location, and the date on which they signed.
Each elector, after signing a petition, shall add the name of the county in which the elector resides, the elector’s place of residence, giving a street and number or a designation sufficient to enable the place of residence to be readily ascertained, and the date the elector signed the petition.
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This law states that a petition can be created as one single document or divided into multiple parts.
A petition may consist of a single instrument or several counterparts.
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This law allows a petition to list up to three people as the primary organizers, called chief petitioners, and includes their names and mailing addresses.
A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.
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This section specifies the time limits for collecting and submitting signatures on a petition. All signatures must be gathered within six months after the first signature is collected. After the last signature is affixed, the petition must be submitted within 60 days. If these deadlines aren't met, the petition is invalid but can be filed as a public record, allowing another petition to be started.
No petition shall be accepted for filing pursuant to this article unless the signatures thereon shall have been secured within six months of the date on which the first signature on the petition was affixed and such petition is submitted for filing as provided in Section 23241 within 60 days after the last signature is affixed. If the time between the date on which the last signature is affixed and the date on which the petition is submitted for filing exceeds 60 days, or, if any signature on the petition has been secured more than six months from the date on which the first signature was affixed, the petition shall be considered insufficient and shall be filed by the clerk as a public record without prejudice to the filing of a new petition.
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When filing a petition in a transfer case, you need to file it with the clerk's office in the county where the transfer is happening. Also, make sure to submit all copies of the petition at the same time.
All petitions shall be filed with the clerk of the transferring county. All counterparts of a petition shall be filed at the same time.
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This law states that after a petition is filed, the clerk in the county where the petition is being transferred has 30 days to check if enough people have signed it. After reviewing, the clerk must certify the examination results.
Within 30 days after the date of filing of a petition, the clerk of the transferring county shall examine the petition and determine whether it is signed by the requisite number of signers. When the clerk has completed the examination, the clerk shall certify the results of the examination.
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If a petition is found to lack enough valid signatures, the clerk will notify the main petitioners by mail and keep the petition on file as a public document. This doesn't stop petitioners from submitting a new petition later.
If the clerk certifies a petition to be insufficient the clerk shall give mailed notice thereof to each of the chief petitioners, if any, and file the petition as a public record without prejudice to the filing of a new petition.
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If a petition is verified and deemed sufficient by the clerk, they must quickly send a copy of this certification to the board of supervisors of the relevant counties and to each main petitioner involved.
If the clerk certifies a petition to be sufficient, the clerk shall immediately transmit a copy of the certification to the board of supervisors of both affected counties and to each of the chief petitioners, if any.
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This law section says that when a clerk certifies a petition, they must check each signature against that person's voter registration records in the county where the person lives.
In certifying the sufficiency of a petition, the clerk shall compare the name of each person signing the petition with the registration records of the county in which the person signing the petition resides.
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This law states that if a county wants to start the process to change its boundaries, the resolution they create must include all the information that would be needed in a petition as detailed in another part of the law, specifically Section 23234.
A resolution to initiate proceedings for a county boundary change shall contain the information required for a petition by Section 23234.
county boundary change resolution requirements initiate proceedings ...
When a petition or resolution is certified, the board of the county from which something is being transferred must quickly send a copy of this certification or resolution to the Governor.
Upon receipt of the certification of a petition or a certified copy of a resolution, the board of the transferring county shall forthwith transmit a copy of the certification or a certified copy of the resolution to the Governor.
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When there's a proposed change to a county boundary in California, the Governor must set up a County Boundary Review Commission. This commission will have five members. Two members should live in the area that's being considered for transfer, two should live in the county that would receive the new area, and one member should not live in either place.
Upon receipt of notice pursuant to Section 23247, the Governor shall create a County Boundary Review Commission to review the proposed county boundary change, and appoint five persons to be members of the commission. Of the five persons appointed to the commission, two shall reside within the territory to be transferred, two shall reside within the accepting county, and one shall not be a resident of either the territory to be transferred or of the accepting county.
county boundary change County Boundary Review Commission appointment of commission members ...
This law outlines the responsibilities of a commission regarding county boundary changes. It requires the commission to fairly split any debts between the counties involved and evaluate the financial effects of the boundary change on each county. The commission must also assess if each county will remain economically viable after the change. It will establish new boundary lines and create procedures for shifting services and duties from one county to another. Additionally, both counties must be divided into five equal population districts, and their road and school districts must be reorganized as needed, ideally maintaining existing districts wherever possible.
The commission shall determine:
(a)CA Government Code § 23249(a) An equitable distribution, as between the transferring county and the accepting county, of the indebtedness of each affected county.
(b)CA Government Code § 23249(b) The fiscal impact of the proposed boundary change in each affected county.
(c)CA Government Code § 23249(c) The economic viability of each affected county if the proposed boundary change is effected.
(d)CA Government Code § 23249(d) The final boundary lines between the two affected counties as they will exist if the proposed boundary change is effected.
(e)CA Government Code § 23249(e) A procedure for the orderly and timely transition of services, functions, and responsibilities from the transferring county to the accepting county.
(f)CA Government Code § 23249(f) The division of both affected counties into five supervisorial districts. The boundaries of the districts shall be established in a manner that results in a population in each district which is as equal as possible to the population in each other district within the county.
(g)CA Government Code § 23249(g) The division of both affected counties into a convenient and necessary number of road and school districts, the territory of which shall be defined. To the extent possible, existing road and school districts located within the territory which is to be transferred shall be maintained.
county boundary changes indebtedness distribution fiscal impact assessment ...
This section outlines how a commission should evaluate the financial impact of a proposed change to county boundaries. It involves looking at the costs of providing services and the projected income in each county, as well as considering how decreasing revenue might affect each county's financial health.
In determining the fiscal impact of the proposed boundary change and the economic viability of each affected county if the proposed boundary change is effected, the commission shall consider:
(a)CA Government Code § 23250(a) The cost of providing services in both affected counties.
(b)CA Government Code § 23250(b) Projected revenues available to each county.
(c)CA Government Code § 23250(c) The effect of any projected reduction in revenue available to each county.
boundary change evaluation fiscal impact economic viability ...
This section requires that within 10 days of being appointed, the members of a commission must meet at the main office of the transferring county to organize by electing a chairman. They also need to appoint a secretary, who cannot be a commission member.
After this initial meeting, the commission can select different times and places for their meetings. To conduct business, over half of the commissioners need to be present.
Within 10 days after notice and acceptance of appointment of the last appointed member, the members of the commission shall meet at the principal administrative office of the transferring county and organize by electing from their number a chairman. They shall also appoint a secretary who shall not be a member of the commission. Thereafter the members of the commission may meet at such times and places as they select.
A majority of the commissioners shall constitute a quorum for purposes of transacting business and making the determinations required by this article.
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This law explains that if there is a proposed change to a county boundary, a commission must hold a public hearing to gather information and address any objections or protests. Notice of this hearing must be published in a local newspaper for each affected county.
Written notices must be sent to chief petitioners, and if the land in question is uninhabited, the notice must also go to each landowner based on the latest county assessment roll. If the land includes state-owned tidal or submerged land, the State Lands Commission must also be informed. Notices to landowners and the State Lands Commission must be sent 20 and 45 days before the hearing respectively, unless all landowners have agreed in writing to the boundary change.
The commission shall conduct a public hearing to receive information regarding its determinations, and to hear any protests and objections to the proposed county boundary change. Notices of hearing shall be published pursuant to Section 6061 in a newspaper of general circulation in each affected county.
In addition:
(a)CA Government Code § 23252(a) The commission shall cause written notice of the hearing to be given to each of the chief petitioners, if any.
(b)CA Government Code § 23252(b) Where the territory proposed to be transferred is uninhabited, the commission shall cause written notice of the hearing to be mailed to each person to whom land within the territory proposed to be transferred is assessed in the last equalized county assessment roll available on the date the proceedings were initiated, at the address shown on the assessment roll or as known to the commission, and to any persons who have filed their name and address and the designation of the lands in which they have any interest, either legal or equitable, with the commission.
(c)CA Government Code § 23252(c) In the event any land within the territory proposed to be transferred is tide or submerged land owned by the state, the commission shall also cause written notice of the hearing to be mailed to the State Lands Commission. Such notice shall be given not less than 45 days before the time fixed for hearing.
The notices referred to in subdivisions (a) and (b) shall be given not less than 20 days before the time fixed for hearing; provided, that the notice referred to in subdivision (b) need not be sent if the owner or owners of all of the territory to be transferred have petitioned for the county boundary change or filed their consent to the boundary change in writing with the commission.
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Before the hearing on changing property boundaries concludes, any property owner in the uninhabited area being considered for transfer can file a written protest. This protest must include the owner's name and a description of the property that matches the latest assessment roll. You don't need a detailed boundary description if the property can be identified otherwise. An owner's agent can protest with written authorization, while a corporate property owner's officer or employee can protest without needing such authorization.
At any time prior to final adjournment of the hearing on protests, any owner of property within the uninhabited territory proposed to be transferred may file written protest against the boundary change. The protest shall state the name of the owner of the property affected and the street address or other description of the property sufficient to identify it on the last equalized assessment roll. A metes and bounds description shall not be required if the property can be otherwise described in a manner sufficient to identify it on the last equalized assessment roll. Protests may be made on behalf of the owner by an agent authorized in writing by the owner to act as agent with respect to such land, except that protest may be made on behalf of a private corporation which is an owner of property by any officer or employee of the corporation without written authorization by the corporation to act as agent or make such protest.
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If an area that's not inhabited is proposed to be transferred, a hearing is held to consider property owners' protests. If the area contains only private property, the transfer won't proceed if owners of half the property's value protest. This value is based on the most recent tax assessment, or if tax-exempt, the county assessor's valuation.
If both private and public properties are involved, the protest must again represent half the value for the transfer to stop. Public property value is similarly determined by the county assessor. For property held in shared ownership, the protest value is based on the owner's share.
If a property is under a purchase agreement, only the buyer can protest, not the listed owner. Assessments used to argue protests must be sourced from the county assessor and submitted with the protest.
On the date and at the time set for hearing, the commission shall hear and consider all protests made by owners of property within the uninhabited territory proposed to be transferred.
If the territory proposed to be transferred is uninhabited, the commission shall hear and pass upon all protests so made:
(a)CA Government Code § 23254(a) If privately owned property and no publicly owned property is proposed to be transferred, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the uninhabited territory proposed to be transferred. The value given such property for protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess such property if it were not exempt from taxation.
(b)CA Government Code § 23254(b) If privately owned property and publicly owned property are proposed to be transferred in the same proceeding, further proceedings shall not be taken if protest is made by public and private owners of one-half of the value of the uninhabited territory. The value given privately owned property shall be determined pursuant to subdivision (a) of this section. The value given publicly owned property for protest purposes shall be determined by the county assessor in the same manner as is provided in subdivision (a) of this section for privately owned property, exempt from taxation.
(c)CA Government Code § 23254(c) The value for protest purposes to be given property held in joint tenancy or tenancy in common shall be determined by the commission in proportion to the proportionate interest of the protestant in such property.
(d)CA Government Code § 23254(d) When property is subject to a written recorded agreement to buy, the purchaser under the agreement may protest and the seller may not even though he is shown as the owner on the last equalized assessment roll.
Determinations of the value of publicly owned property, or privately owned property exempt from taxation by the county assessor for protest purpose shall be obtained from the assessor by the protestant and submitted to the commission with the written protest.
uninhabited territory transfer property owner protest assessment roll ...
This law explains that after a hearing about transferring uninhabited land, the commission has up to 30 days to decide if most property owners object. If it doesn't decide in time, it's assumed that the protest is valid. If the majority does protest, the transfer can't happen for a year unless all affected property owners agree.
The commission shall determine at the hearing or within 30 days after the closing of the hearing whether or not a majority protest, of owners of property within uninhabited territory proposed to be transferred has been made. If it does not make a determination within such period, it shall be deemed to have made a determination on the 30th day that a majority protest has been made.
If there is a determination that a majority protest has been made, no further proceedings for the transfer of any of the same uninhabited territory shall be taken for one year after the date of the determination except upon the petition or consent of all property owners of the uninhabited territory proposed to be transferred.
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This section states that during a scheduled hearing, the commission must listen to and can approve or reject any requests for exclusion that have been submitted according to the related sections.
On the date and at the time fixed for hearing, the commission shall also hear and may grant or deny any request for exclusion filed pursuant to Sections 23256.5 and 23257.
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If you're a property owner and your land is next to an area that's about to change county boundaries, you can write to the commission asking to keep your property out of the change. Just make sure your request clearly identifies your property before the final decision is made.
At any time prior to the final hearing on the proposed county boundary change, any owners of real property within the territory proposed to be transferred and contiguous to the boundary line thereof, may make a written request, filed with the commission, for exclusion of his property from the territory proposed to be transferred. Such a request shall contain sufficient information to identify the property for which the exclusion is sought.
county boundary change property exclusion real property owners ...
If you're a registered voter in a specific area that's about to be transferred to another jurisdiction, you can request for your area to be excluded from this transfer. You need to provide enough detail in your request so that the area you're talking about is clearly identified.
Written requests for exclusion of any territory within the territory proposed to be transferred and contiguous to the boundary line thereof may be filed with the commission by any registered elector of that territory. Such a request shall contain sufficient information to identify the territory for which the exclusion is sought.
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In California, county boundary lines cannot be changed if doing so results in a narrow piece of land less than 200 feet wide and more than 300 feet long, creates a piece of land that is only a highway, or splits up the area of an incorporated city.
Boundary lines between counties may not be changed if as a result of such change: (a) a strip of untransferred territory less than 200 feet wide and more than 300 feet long is created; (b) a strip of untransferred territory consisting solely of a highway or portion thereof is created; or (c) the territory of any incorporated city is divided.
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This section explains that the commission can continue hearings about protests and requests for exclusions over time as it makes its decisions. The commission has the authority to require people to attend and bring any necessary documents by issuing a citation or subpoena. Additionally, all officers and employees from the relevant counties must assist the commission by performing any needed functions and providing requested documents essential for the commission's tasks.
The hearing of protests and requests for exclusion may be continued from time to time during the course of the commission’s determinations.
By citation or subpoena signed by its chairman and secretary, the commission may compel the attendance of such persons and the production of such books, papers and other documents before it as it deems necessary for the performance of its duties.
All officers and employees of either affected county shall cooperate with, perform any functions required by, and produce any books, records or other documents of such county requested by the commission and necessary for the performance of the commission’s functions.
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This section explains how financial responsibilities are divided when a piece of territory is transferred from one county to another. It allows the commission to decide how debt should be fairly shared between the two counties. The accepting county may need to raise special taxes or service charges to cover its share of the debt. The commission also examines the total property values in both counties and the area being transferred to assist in making these decisions.
Except as otherwise provided in this article, the commission may, in determining a fair, just and equitable distribution of the indebtedness of the transferring county between that county and the accepting county, provide for:
(a)CA Government Code § 23260(a) The levying or fixing and the collection in the accepting county of (1) special, extraordinary or additional taxes or assessments, or (2) special, extraordinary or additional service charges, rentals or rates, or (3) both.
(b)CA Government Code § 23260(b) The imposition, exemption, transfer, division or apportionment, as between the transferring county, and the accepting county, of liability for payment of all or any part of principal, interest or any other amounts which shall become due on account of all or any part of any bonds, including revenue bonds outstanding or authorized at the time a petition is filed or resolution adopted, or other contracts or obligations, of the transferring county; and the levying or fixing and the collection in the accepting county of any (1) taxes or assessments, or (2) service charges, rentals or rates, or, (3) both, as may be necessary to provide for such payment.
In making its determinations, the commission shall ascertain the current indebtedness of both affected counties. It shall also ascertain (a) the total assessed value of all property located in both affected counties; and, (b) the assessed value of the territory to be transferred. The assessed values used by the commission shall be those shown on the last equalized assessment roll of both affected counties.
debt distribution county transfer indebtedness division ...
This rule says that if a county in California transfers some of its land to another county, a commission must figure out what property, like land and buildings, is included in the transfer. They also need to assess its value. If the transfer happens, all this property will belong to the county that receives the land, as long as any debts related to the property are settled according to the commission's guidelines.
The commission shall also identify and determine the location and value of all real and personal property owned by the transferring county located within the territory to be transferred. Any real and personal property identified by the commission pursuant to this section shall become property of the accepting county, should the boundary change be effected as provided in this article, upon settlement of the indebtedness in the manner specified by the commission.
property transfer county boundary change real property ...
This law explains what happens to tax obligations when a territory changes from one county to another. When a boundary changes, the area moving to a new county won't have to pay taxes for the old county's debt starting the year after the boundary change is voted on. Similarly, areas staying in the old county won't have to pay taxes on debts that the new county takes over, also starting the year after the vote. However, this doesn't affect the rights of bondholders, who can still enforce their rights, or change responsibilities if debts aren't paid.
Except as provided by the commission, when the boundary change is effected the territory which is transferred shall be relieved of annual tax liability for the outstanding indebtedness of the transferring county in the year following the year in which the election on the question of the boundary change is held.
Territory remaining in the transferring county when the boundary change is effected shall be relieved of annual tax liability for any outstanding indebtedness of that county which the commission determines is to be assumed by the accepting county. Such relief shall become effective in the year following the year in which the election on the question of the boundary change is held.
Nothing in this section shall be construed as in any way limiting the power of a bondholder to enforce contractual rights or affecting the ultimate liability of territory of the transferring county, or of the accepting county for bonded indebtedness in case of default.
boundary change territory transfer annual tax liability ...
This law states that members of a commission get paid up to $50 per day when they are working, along with their actual costs for doing their duties. If a boundary change happens, the county that accepts the change pays for all the commission's expenses, including office supplies and incidental costs. If there is no change, both affected counties share these costs equally.
Members of the commission shall receive as compensation a per diem not to exceed fifty dollars ($50) a day for every day they are actually employed together with their actual expenses incurred in performing their duties. If the boundary change is effected, all expenses of the commission, together with the reasonable costs of stationery, postage, and incidental expenses shall be borne by the accepting county or by both affected counties, in equal shares, if the boundary change is not effected.
commission compensation per diem boundary change ...
This law requires a commission to create and sign a report about proposed boundary changes between counties within 180 days of its last member's appointment. The commission's findings become the official terms for the boundary change, and they are binding if the legal process for the change completes. If the affected area has people living in it or if there's no protest in uninhabited areas, county supervisors have 30 days to approve or reject the change after receiving the report.
The commission shall adopt a resolution making its determinations and transmit its report in writing within 180 days of the date of notice and acceptance of appointment of the last appointed member of the commission, to the board of supervisors of both affected counties and shall be signed and attested to by all five members of the commission.
The determinations of the commission shall become the terms and conditions for boundary change and as such shall be final and binding on both affected counties should the proposed boundary change be legally effected as provided in this article.
At any time not later than 30 days after receipt of the commission’s report, if the territory proposed to be transferred is inhabited or if it is uninhabited and there is no majority protest, the board of supervisors of both affected counties shall adopt a resolution approving or disapproving the proposed boundary change.
boundary change county supervisors commission report ...
If a board says 'no' to a proposed boundary change, the process stops right there. You can't try to make almost the same change again for at least a year. However, both boards can decide to allow a new proposal sooner if they think it's beneficial for the public.
If either board disapproves the proposed boundary change, no further proceedings shall be taken for that boundary change and no new proceedings for substantially the same boundary change may be initiated within one year after the date of such disapproval, provided both boards may waive or shorten such time limitations if they find the same to be in the public interest.
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If a piece of land that doesn't have any residents is going to be transferred from one county to another, and no significant opposition has been raised, and both counties agree to the change, then the boundary change becomes official. This happens when both counties file their approval with the Secretary of State. They must also specify when the responsibilities and services for the new territory will change hands according to another section of the law.
If the territory proposed to be transferred is uninhabited, no majority protest has been made and the boards of both affected counties approve the proposed boundary change, the proposed boundary change shall be deemed effected pursuant to the general laws of this state from the date of filing of a copy of the resolutions of both boards approving the proposed boundary change with the Secretary of State, and the boards shall also state the effective date or dates upon which the various service responsibilities and functions for the transferred uninhabited territory shall be transferred according to the terms of subdivision (b) of Section 23281.
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This law states that if an inhabited area is proposed to be transferred from one county to another, and both counties have agreed to the change, the county giving up the territory must organize an election for the people living in the area. This election is to decide if the boundary change should happen. The election must be held on the next scheduled election date that is at least 74 days after an official determination is received.
If the proposed territory to be transferred is inhabited and the boards of both affected counties have approved the boundary change, the board of the transferring county shall, not later than 30 days after receiving the commission’s determinations, order and give proclamation and notice of an election to be held in the territory proposed to be transferred, on the next established election date in the transferring county not less than 74 days after receipt of the commission’s determinations, for the purpose of determining whether the county boundary shall be changed.
county boundary change territory transfer inhabited area ...
This law requires that a proclamation and notice for an upcoming election in an area proposed for transfer must be published in a widely-read local newspaper, starting at least 70 days before the election date, and repeated weekly for three weeks. If there's no local newspaper, the information should be posted in at least three prominent places throughout the area, also starting no less than 70 days before the election.
The proclamation and notice of election shall be published at least once a week for three weeks commencing not less than 70 days prior to the date of the election in a newspaper of general circulation in the territory proposed to be transferred. If there is no newspaper of general circulation within the territory proposed to be transferred, the proclamation and notice of election shall be posted not less than 70 days prior to the date of the election in at least three conspicuous places within the territory proposed to be transferred.
election proclamation notice of election newspaper publication ...
This section outlines what must be included in the notice of an election concerning changes to county boundaries. It specifies that the notice should detail what people are voting on and what the new county boundaries will be if approved. Voters and citizen groups can submit arguments for or against the change, which must be filed 54 days before the election. Only one argument for and one against will be included in the ballot pamphlet, and these arguments must be 500 words or less and have up to three signatures.
The notice of election shall contain the following:
(a)CA Government Code § 23269(a) A statement of the proposition to be voted on and a description of the county boundaries as they will exist if the proposal is adopted.
(b)CA Government Code § 23269(b) An invitation to any qualified elector entitled to vote on the proposition, or any bona fide association of citizens, to submit and file, with the clerk of the transferring county for printing and distribution in the ballot pamphlet, not later than 54 days prior to the date of the election, an argument for or an argument against the proposed county boundary change.
(c)CA Government Code § 23269(c) The date of the election.
(d)CA Government Code § 23269(d) A statement that only one argument for and one argument against shall be selected and printed in the ballot pamphlet.
(e)CA Government Code § 23269(e) A statement that arguments shall not exceed 500 words in length and shall be accompanied by not more than three signatures.
county boundary changes election notice voter arguments ...
This law states that people who are registered to vote in a county at least 30 days before an election can vote if the election is about whether a certain area is transferred to a different county. They must follow the same rules for registering and updating their voter information as in a general state election.
All qualified electors of the territory proposed to be transferred who have been registered electors of the county 30 days prior to the date of the election are entitled to vote at the election. Registration and transfers of registration shall be made and shall close in the manner and at the times provided by law for registration and transfers of registration for a general election in the state.
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This law section explains how the ballots for an election regarding the transfer of a territory from one county to another should be formatted. Voters will see options to vote 'Yes' or 'No' for the transfer and will indicate their choice by marking a cross next to their preferred option.
Ballots at the election shall contain the words “For the transfer of (description of territory) to (name of county accepting transferred territory) Yes,” and “For the transfer of (description of territory) to (name of county accepting transferred territory) No.” Each voter shall stamp a cross (+) opposite the words “Yes,” or “No.”
territory transfer county transfer election ballot formatting ...
This law section means that the rules for conducting an election will follow the state's general election laws unless there are specific rules in this article that say otherwise.
The election shall be governed and controlled by the general election laws of the state so far as applicable, except as otherwise provided in this article.
election governance general election laws state election rules ...
This law dictates that if there are multiple arguments for and against a proposed boundary change, the clerk of the transferring county must choose one argument from each side to be printed and shared with voters. The selection process prioritizes certain groups in the following order: first, the board of supervisors or their authorized members; second, city councils within the affected counties or their authorized members; finally, qualified voters or legitimate citizen groups.
If more than one argument for or more than one argument against the proposed boundary change is filed with the clerk of the transferring county the clerk shall select one of the arguments for and one of the arguments against the proposed boundary change for printing and distribution to the electors.
In selecting arguments, the clerk shall give preference and priority in the order specified to arguments submitted by the following:
(a)CA Government Code § 23273(a) The board of supervisors of either affected county, or any member or members of such board authorized by it.
(b)CA Government Code § 23273(b) The city council of any city located within either affected county, or any member or members of such council authorized by it.
(c)CA Government Code § 23273(c) Qualified electors or bona fide associations of citizens, or combinations of electors and associations.
boundary change arguments clerk selection process electoral distribution ...
This law requires that before a vote on a proposed boundary change, the elections official must print and send a ballot pamphlet to every qualified voter in the area affected. This pamphlet will include an impartial analysis of the boundary change, a summary of its fiscal impact and viability, the commission's terms and conditions, and arguments both for and against the change. It must be mailed at least 10 days before the election and is considered official election material.
The elections official shall cause a ballot pamphlet concerning the proposed boundary change to be printed and mailed to each qualified elector in the territory proposed to be transferred.
The ballot pamphlet shall contain the following in the order prescribed:
(a)CA Government Code § 23274(a) An impartial analysis of the proposed boundary change prepared by the commission.
(b)CA Government Code § 23274(b) A summary of the commission’s report on fiscal impact and financial viability.
(c)CA Government Code § 23274(c) A summary of the commission’s terms and conditions.
(d)CA Government Code § 23274(d) The argument for boundary change.
(e)CA Government Code § 23274(e) The argument against boundary change.
The elections official shall mail a ballot pamphlet to each qualified elector at least 10 days prior to the date of the election. The ballot pamphlet is “official matter” within the meaning of Section 13303 of the Elections Code.
boundary change ballot pamphlet qualified elector ...
This law requires that the clerk send a sample ballot to voters in the area that is being considered for a transfer. The sample ballot should be sent out along with the ballot pamphlet.
The clerk shall also prepare and mail a sample ballot to the qualified electors of the territory proposed to be transferred. The sample ballot shall be mailed with and at the same time as the ballot pamphlet.
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This law states that the rules for preparing, printing, and distributing sample ballots for primary elections do not apply to elections conducted under this specific set of rules.
The law relating to the preparation, printing, and distribution of sample ballots and primary elections does not apply to any election held pursuant to this article.
sample ballots printing rules distribution rules ...
This law section means that when an election is held due to the transfer of a territory or area to another jurisdiction, it will be conducted like any other election in the county that is giving up the area, unless this article specifies otherwise.
Except as otherwise provided by this article, the election shall be conducted as other elections in the transferring county.
transfer of territory election procedures transferring county ...
This law requires that the board of a county, which is involved in a transfer process, appoints three election officers. These officers must be residents of the county affected by this transfer.
The board of the transferring county shall appoint as election officers three representatives who reside in the affected county represented.
county board transfer process appoint election officers ...
Right after the polls close, election officers must do several things: count the votes, fill out and certify the tally sheets, seal the ballots, and attach a signed statement from each officer that shows how many votes were for or against a proposition. Finally, they need to seal up the tally sheets.
Immediately on the closing of the polls the election officers shall:
(a)CA Government Code § 23279(a) Canvass the ballots.
(b)CA Government Code § 23279(b) Make up and certify the tally sheets of the ballots cast.
(c)CA Government Code § 23279(c) Seal up the ballots.
(d)CA Government Code § 23279(d) Attach a statement, signed by each election officer, to the tally sheets showing the number of votes cast and the number of votes cast for and against the proposition.
(e)CA Government Code § 23279(e) Seal up the tally sheets.
closing of polls election officers canvass ballots ...
This law requires that after an election, the county clerk in the area considering a transfer must send a certified report of the voting results to their county board. This report should include details on how many votes were for and against the proposed transfer.
The clerk of the transferring county shall upon the completion of a canvass of the vote in the territory proposed to be transferred, forward to the board of the transferring county, a certified copy of the results of the canvass, giving the number of votes cast in the territory to be transferred for the proposition and the number of votes cast in the territory proposed to be transferred against the proposition.
county clerk vote canvass certified copy ...
This law section explains what happens when more than 50% of voters in a specific area agree to change county boundaries. If the majority supports the change, the board of supervisors in the county transferring the land must officially announce the election results and confirm the boundary change through a resolution filed with the Secretary of State.
The law also requires the board to specify when services and responsibilities will be transferred from the original county to the new one. This transition should happen smoothly within two fiscal years according to agreed terms.
If upon a canvass of the total votes cast in the territory proposed to be transferred at the election, it appears that more than 50 percent of the total number of all votes cast within the territory proposed to be transferred are in favor of the proposed boundary change, the board of supervisors of the transferring county, by resolution, shall:
(a)CA Government Code § 23281(a) Declare the results of the election and that the proposed county boundary change shall be deemed effected pursuant to the general laws of this state from the date of filing a copy of the resolution with the Secretary of State.
(b)CA Government Code § 23281(b) State the effective date or dates upon which the various service responsibilities and functions for the transferred territory shall be transferred from the transferring county to the accepting county. Such date or dates shall be established in accordance with the terms and conditions established by the commission and in such a manner as to provide for the orderly and expeditious transition of responsibilities and functions but shall in no event exceed two fiscal years from the date on which the county boundary change shall be deemed legally effected as provided in subdivision (a).
boundary change territory transfer board of supervisors ...
This law says that when a county's territory is transferred to another county, the original county's board of supervisors must file a copy of the resolution (official decision or plan) with the State Board of Equalization, the Secretary of State, and the board of supervisors of the new county accepting the territory.
The board of supervisors of the county from which territory is transferred shall cause a copy of the resolution adopted pursuant to Section 23281 to be filed with the State Board of Equalization, the Secretary of State, and the board of supervisors of the county accepting the transferred territory.
county territory transfer board of supervisors resolution filing ...
This law outlines the process for handling votes on proposed boundary changes in a county. If 50% or less of the votes within the area to be transferred support the change, the proposal fails, and the county board of supervisors must formally declare it defeated. Any similar boundary change proposals cannot be considered again for one year.
If upon a canvass of the total votes cast in the territory proposed to be transferred at the election, it appears that 50 percent or less, of the total number of all votes cast within the territory proposed to be transferred are in favor of the proposed boundary change, the board of supervisors of the county from which territory is proposed to be transferred, by resolution, shall declare the proposition concerning the proposed boundary change defeated. No further proceedings to effect substantially the same boundary change shall be initiated or taken for a period of one year after the date of the election.
boundary change votes canvass ...
This law states that if there is an election about changing a county boundary and the change goes through, the county that receives the new land must pay for the election costs. If the boundary change doesn't happen, both counties involved have to split the election costs equally.
All costs of the election shall be borne by the county accepting transferred territory if the boundary change is effected. If the boundary change is not effected, the costs of the election shall be borne by both affected counties, on an equal basis.
county boundary change election costs transferred territory ...
When county boundaries are changed in California, the boards of supervisors from the counties affected must file a report with the State Board of Equalization and the county assessors by December 1. This report needs to include a legal description and a map of the new boundaries. The changes won't affect assessments or taxes unless everything is filed correctly by this date.
Whenever county boundaries are changed pursuant to this article, the board of supervisors of both affected counties shall cause to be filed before the following December 1, with the State Board of Equalization and with the assessors of both affected counties, a statement setting forth the legal description of the boundaries, as changed, together with a map or plat indicating those boundaries. The change of the boundaries shall not be effective for purposes of assessment or taxation unless the statement, together with the map or plat required by this section, is filed with the county assessors and with the State Board of Equalization on or before December 1 of the year immediately preceding the year in which the assessments or taxes are to be levied.
county boundary changes State Board of Equalization board of supervisors ...
If a county's boundaries change, any taxes that were imposed before the change must be collected by the county that originally had control over that area. Those taxes belong to the original county, even after the boundary changes.
When a county boundary is changed, all taxes levied before the boundary change was effected shall be collected by the officers of and belong to the county in which the territory was situated before the boundary change.
county boundary changes tax collection territory before boundary change ...
When county boundaries in California change, the original county must keep providing essential services until the new county officially takes over responsibility. This is based on a prior agreement specified in a resolution.
The transferring county shall continue to provide necessary services from the date the county boundaries are changed until service responsibilities and functions are transferred to the accepting county, according to the provisions of the resolution adopted pursuant to Section 23281.
county boundaries transfer of services responsibility transfer ...
This law says that if there’s a change in the borders of a county, a special district within that county can’t have its area split or its organization altered just because of the boundary change. Any changes to the district’s territory or structure have to happen under legal proceedings that would take place after the boundary change is finalized.
Notwithstanding any other provision of law, no special district, which is organized within either affected county and governed by the board of supervisors thereof, shall have its territory divided or in any other way have its organization changed as the result of a county boundary change except as to proceedings taken pursuant to law subsequent to the boundary change becoming effective.
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After a county boundary changes, the officers from the county taking over the new area must finish the work needed for assessing and collecting taxes for that year on property in the new area. Any tax-related actions already done by the previous county's officers are considered as if they were done by the new county's officers.
After the county boundary change is effected, the officers of the accepting county shall proceed to complete all proceedings necessary for the assessment or collection of the state and county taxes for the current year, in connection with all the property in the transferred territory, and, subject to Section 23286, all acts and steps taken, by the officers of the transferring county prior to the date when the boundary change was effected shall be deemed performed by the officers of the accepting county for the benefit of that county.
county boundary change tax assessment tax collection ...
When one county hands over a territory to another county, the officials from the original county must quickly give the new county's board of supervisors all tax-related records for that area. The new county treats these documents as if they were originally created there, meaning they are valid and enforceable. The officials in the new county handle tax assessment and collection as though they had done all prior proceedings themselves.
The officers of the transferring county shall immediately execute and deliver to the board of supervisors of the accepting county, copies of all assessments or other proceedings relative to the assessment and collection of the current state and county taxes on property within the transferred territory. The copies shall be filed with the respective officers of the accepting county who would have their custody if the proceedings had been originally had in that county and shall be deemed originals. All proceedings recited in such copies shall be deemed original proceedings in the accepting county and have the same effect as if the proceedings had been had at the proper time and in the proper manner by the respective officials of that county. The officials of the accepting county shall proceed with the assessment and collection of the taxes as if the proceedings originally had in the transferring county had been originally had in the accepting county.
transferring county accepting county tax records ...
This law section outlines the responsibilities of the county superintendent when school districts are transferred from one county to another. The superintendent of the county giving up the districts (transferring county) must provide the receiving county's superintendent with a certified copy of the last school census for those districts. Additionally, the superintendent must issue a payment to the receiving county's treasurer for any funds owed to the transferring school districts.
The county superintendent of schools of the transferring county shall furnish the county superintendent of schools of the accepting county with a certified copy of the last school census of the different school districts in the territory which is transferred, and the superintendent of the transferring county shall draw a warrant on the treasurer of the transferring county in favor of the treasurer of the accepting county for all the money that is or may be due from the transferring county by any apportionment or otherwise to the different school districts embraced in the accepting county.
county superintendent school district transfer school census ...
This law requires the auditor of a county that is transferring territory to another county to issue a payment to the treasurer of the receiving county. This payment covers any funds owed to different road and district funds in the transferred area. The transaction should be properly recorded in both counties' financial records.
The auditor of the transferring county shall draw a warrant on the treasurer of that county in favor of the treasurer of the accepting county for all money that is or may be due from the transferring county by apportionment or otherwise to the different road and supervisorial or district funds in the territory which is transferred. The amounts shall be properly credited in both counties.
transferring county accepting county treasurer ...
When a part of a county's territory is transferred to another county, the treasurer of the original county must quickly transfer any funds related to road or school districts in that territory to the treasurer of the new county.
The treasurer of the transferring county shall immediately cause to be transferred to the county treasurer of the accepting county all money standing to the credit of or belonging to any road or school district, the territory comprising which is included within the boundaries of the territory which is transferred.
county treasurer fund transfer transferring county ...
This law states that if territory is transferred between counties that belong to different district court of appeals districts, the district court that covered the original county will continue to handle any ongoing legal cases from the transferred area. In other words, cases that started before the transfer will stay under the jurisdiction of the original district court, not the court in the new county.
Where the county accepting territory is located in a different district court of appeals district than the transferring county, the district court of appeals district which includes the transferring county shall retain jurisdiction in all cases pending in a session of such court, within the boundaries of the transferred territory immediately prior to its transfer.
territory transfer district court of appeals jurisdiction retention ...
This law states that when an area changes its boundary, the superior court of the county transferring the territory will continue to handle any ongoing cases from that area, even after the transfer happens.
On and after the date the boundary change is effected, the superior court in the transferring county shall retain jurisdiction in all cases pending in a session of such court which is located within the boundaries of the territory which is transferred immediately prior to its transfer.
boundary change transferring county superior court ...
This law section states that if you want to challenge or verify any changes made to a county's boundaries, you need to file a legal action following the procedures laid out in a specific part of the California Code of Civil Procedure.
Any action to determine the validity of any change, alteration, or reformation to the boundaries of a county pursuant to this article shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
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