BoundariesMinor Boundary Changes
Section § 23200
This law acknowledges that the current boundaries of some counties in California might not serve their communities well. The previous methods for changing these boundaries were complicated, discouraging county leaders from making adjustments. The new law aims to simplify and streamline the process for county boards of supervisors to make boundary changes, in line with state constitutional requirements.
Section § 23201
This part of the law explains key terms related to changes in county boundaries in California. An "affected county" is any county that is involved in a boundary change. "Affected territory" refers to an area that is proposed to be moved from one county to another. The "conducting county" is the county whose supervisors pass a specific type of resolution, while the "initiating county" is the one that starts the process by adopting a resolution. "Inhabited territory" means an area with at least 12 registered voters when a resolution or petition about a boundary change is filed.
Section § 23202
This law states that you can't change the boundary between counties in California if it means moving the line more than 5 miles from where it originally was. Also, you can't make any county more than 5% smaller in terms of land area or population because of the change.
Section § 23203
This law allows the board of supervisors in any affected county to suggest changing the county boundary line by creating a resolution. The resolution must include several important details: it must state the proposal is following this law, the reasons for wanting the change, a description of the new boundary line, and whether the new line will be more than five miles from the original, or reduce the county's area or population by more than five percent. It should also mention if the change affects inhabited areas and list any conditions for the boundary change, like dividing any county debt or property.
Section § 23204
This law requires that when the board of supervisors from one county starts a process or initiative that affects another county, they must file their decision or plan with the board of supervisors of the other involved county.
Section § 23205
This law outlines the process for changing the boundary line between two counties. It starts with a petition initiated by at least 25% of residents or property owners in the affected area. Property owners must also own 25% or more of the assessed value of the area. Each petitioner must sign and provide appropriate identification of residency or property ownership.
The petition can be submitted in parts or as a whole but must be completed within 90 days. After submission, the county board of supervisors has 30 days to verify if the petition meets the signature requirement. If it does not, it is returned to the chief petitioner. If it does, proceedings to change the boundary can begin.
Section § 23206
In California, if there's a proposal that involves a resolution or a petition with enough signatures, the local board of supervisors must respond within 30 days. They have to set a hearing date within 30-60 days of this decision.
This hearing is a chance for people to express their opinions about the proposal. Anyone can attend and speak, while those opposed can also file a written protest. If you're a voter, include your address in the protest, and if you're a property owner, provide details about your property.
Section § 23207
The county's board of supervisors must announce a public hearing through two specific methods. They need to publish the announcement in one or more local newspapers at least 15 days before the hearing. Additionally, they must send the notice by mail to relevant parties, such as the county supervisors, special districts, school districts, relevant commissions, and anyone who requested updates.
Section § 23208
This law section explains that when there is a proposed boundary change, the board of supervisors of the conducting county must hold a hearing on the specified date and time as per a prior resolution. They can hold this hearing jointly with the board of supervisors of another affected county. During the hearing, they will listen to testimony from people who are interested and accept both oral and written protests. Anyone who has filed a written protest can retract it before the hearing ends. The hearing can be extended but not later than 45 days from the originally set date.
Section § 23209
This section explains when a proposed boundary change will be abandoned after a hearing. If it's a populated area, the change is dropped if more than half the residents protest in writing and do not withdraw their protests. For areas with no residents, it gets abandoned if over half the property owners with more than half the land's value protest. Additionally, if either county involved protests in writing, the change is also abandoned.
Section § 23210
When a boundary change is proposed for a county, each affected county's board of supervisors must approve the change with similar ordinances within 30 days after the hearing, unless the proposal has been dropped. These ordinances should affirm the change meets all legal conditions, outline any terms like debt or property division, and state when the change becomes effective.
If between 25-50% of people living in the affected area protest before the hearing ends, the boundary change must be approved by voters in that area. This election follows standard voting procedures. If more voters oppose than support the change, it won't proceed. Conversely, if more voters favor it, the change will be enacted as outlined.
Section § 23211
This law states that a county must keep providing services within its current borders until a boundary change takes effect, as outlined by related ordinances.
Section § 23212
If a county boundary in California is changed, the county boards of supervisors must file a detailed description of the new boundary along with a map before December 1.
This documentation has to be submitted to the State Board of Equalization and the local county assessors. The new boundary won't be used for assessing taxes unless the required documents are filed by the deadline, ensuring the changes are effective by the next taxation year.
Section § 23213
If there's a change in county boundaries, any taxes that were set before the change still get collected by the county where the land was originally. This stays true unless there's a special rule saying otherwise.
Section § 23214
Once a county boundary changes, the officials of the counties involved must finish all necessary steps to assess and collect taxes for that year in the area affected by the change. Taxes that were assessed or collected before the boundary change are considered to have been done by the new county for its benefit.
Section § 23215
When there's a change affecting tax-related matters in a county, the officers of that county must quickly give the board of supervisors in the other involved county copies of all tax assessment records and proceedings. These copies should be considered as official and original as if they were made by the officials of the other county originally.
In simple terms, this rule ensures that tax records are properly transferred and treated as official, so that tax proceedings remain valid and effective even if administered by a different county.
Section § 23216
If a school district area straddles two counties, the superintendent from one county must provide the most recent school census information to the superintendent of the other county. Additionally, any funds owed to school districts in this shared area must also be transferred to the other county's superintendent.
Section § 23217
If there are any funds owed by road districts to another county, the auditor of a county involved must transfer these funds to the auditor of the other county. Both counties should accurately record the credits for these funds.
Section § 23218
This law states that if the boundaries of a county change, a school district or special district within that county cannot have its territory divided or have its organization altered because of the boundary change. Any such changes must follow legal procedures set after the county boundary change happens.
Section § 23219
If a legal case involves areas in different districts of the California Court of Appeal, the district that includes the territory affected by the case will handle and retain jurisdiction over the case.
Section § 23220
Once a boundary change takes effect, the superior court in each affected county will keep handling all ongoing cases in that court's session.
Section § 23221
This section states that if there's a minor change to the boundaries of a county, any legal challenge questioning its validity must follow a specific legal process outlined in another part of the law, specifically starting with Section 860 of the Code of Civil Procedure.