Section § 23200

Explanation

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.

The Legislature finds and declares that the existing boundaries of some counties no longer meet the needs of their residents and landowners. The Legislature further finds and declares that the statutory procedures for altering county boundaries which existed before the enactment of this article were cumbersome and discouraged county boards of supervisors from adjusting their mutual boundaries. In enacting this article, it is the intent of the Legislature to permit county boards of supervisors to approve changes to the boundaries of their counties. This article shall be deemed a uniform procedure for county boundary change as required by Section 1 of Article XI of the California Constitution.

Section § 23201

Explanation

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.

As used in this article:
(a)CA Government Code § 23201(a) “Affected county” means any county which contains or would contain territory which is the subject of a boundary change.
(b)CA Government Code § 23201(b) “Affected territory” means any unincorporated area which is proposed to be transferred from one county to another.
(c)CA Government Code § 23201(c) “Conducting county” means any county whose board of supervisors adopts a resolution pursuant to Section 23206.
(d)CA Government Code § 23201(d) “Inhabited territory” means territory within which there reside 12 or more registered voters at the time a resolution is adopted pursuant to Section 23203 or a petition is filed pursuant to Section 23205.
(e)CA Government Code § 23201(e) “Initiating county” means any county whose board of supervisors adopts a resolution pursuant to Section 23203.

Section § 23202

Explanation

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.

A boundary line between counties shall not be changed, pursuant to this article, if the change would result in any of the following:
(a)CA Government Code § 23202(a) The line to be moved a distance of more than 5 miles from its original location.
(b)CA Government Code § 23202(b) A reduction by more than 5 percent in the area of any affected county.
(c)CA Government Code § 23202(c) A reduction by more than 5 percent of the population of any affected county, as determined by the State Department of Finance’s most recent estimate of population.

Section § 23203

Explanation

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.

The board of supervisors of any affected county may propose to change the boundary line between that county and another county by adopting a resolution which shall:
(a)CA Government Code § 23203(a) State that the proposal is made pursuant to this article and request that proceedings be taken.
(b)CA Government Code § 23203(b) State the reasons for the proposal.
(c)CA Government Code § 23203(c) Set forth a description of the proposed new boundary line.
(d)CA Government Code § 23203(d) State whether or not the proposed new boundary line will be more than 5 miles from its original location.
(e)CA Government Code § 23203(e) State whether or not the proposed new boundary line will reduce the area of any affected county by more than 5 percent.
(f)CA Government Code § 23203(f) State whether or not the proposed new boundary line will reduce the population of any affected county by more than 5 percent.
(g)CA Government Code § 23203(g) State whether or not the proposal affects inhabited territory.
(h)CA Government Code § 23203(h) Set forth any proposed terms and conditions to which the proposed boundary change shall be subject, including, but not limited to, the division of any county indebtedness or property.

Section § 23204

Explanation

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.

The board of supervisors of the initiating county shall file its resolution with the board of supervisors of the other affected county.

Section § 23205

Explanation

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.

(a)CA Government Code § 23205(a) A proposal to change the boundary line of two counties may be initiated by petition which shall contain all the matters required to be contained in a resolution adopted pursuant to Section 23203. The petition shall also designate a chief petitioner.
(b)CA Government Code § 23205(b) A petition shall be signed by not less than 25 percent of the resident-voters within the affected territory or by not less than 25 percent of the property owners within the affected territory who also own not less than 25 percent of the assessed value of land and improvements within the affected territory.
(c)CA Government Code § 23205(c) A petition may consist of a single instrument or separate counterparts. Each signer of a petition shall add the date of signing to his or her signature. A signature by a resident-voter shall be accompanied by the address of the voter. A signature by a property owner shall be accompanied by a description sufficient to identify the property owned.
(d)CA Government Code § 23205(d) A petition shall be filed with the board of supervisors of any affected county. No petition shall be accepted for filing unless the signatures have been secured within 90 days of the date on which the first signature was affixed.
(e)CA Government Code § 23205(e) Within 30 days of the receipt of a petition, the clerk of the board of supervisors shall determine whether the petition is signed by the required number of signatures. If the petition does not contain the required number of signatures, the clerk of the board of supervisors shall return the petition to the chief petitioner. If the petition contains the required number of signatures, the board of supervisors shall conduct proceedings pursuant to this article.

Section § 23206

Explanation

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.

Within 30 days of receiving a resolution adopted pursuant to Section 23203 or of determining that a petition filed pursuant to Section 23205 has been signed by the required number of signatures, the board of supervisors shall adopt a resolution which shall:
(a)CA Government Code § 23206(a) Set a time, date, and place of hearing on the proposal which shall be not less than 30 days nor more than 60 days from the date of adoption of the resolution setting the hearing.
(b)CA Government Code § 23206(b) State that any person may appear and be heard at the hearing. Any person desiring to protest against the proposal may file a written protest with the board of supervisors. Any written protest by a resident-voter shall contain the address of the voter. Any written protest by a property owner shall contain a description sufficient to identify the property owned.

Section § 23207

Explanation

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.

The board of supervisors of the conducting county shall give notice of the hearing by each of the following:
(a)CA Government Code § 23207(a) Notice shall be published pursuant to Section 6061 in one or more newspapers of general circulation within the affected territory and within each affected county. Publication shall commence at least 15 days before the date set for the hearing.
(b)CA Government Code § 23207(b) Notice shall be mailed to the board of supervisors of the other affected county, to each special district and school district which includes the affected territory within its boundaries, to the local agency formation commission of each affected county, and to each person who has filed a written request for special notice.

Section § 23208

Explanation

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.

The hearing on the proposed boundary change shall be held by the board of supervisors of the conducting county on the date and at the time specified in the resolution adopted pursuant to Section 23206. The board of supervisors of the conducting county may hold the hearing jointly with the board of supervisors of the other affected county. At the hearing, the board of supervisors shall hear testimony from interested persons and receive any oral or written protests. Any person who filed a written protest may withdraw it at any time before the conclusion of the hearing. The hearing may be continued from time to time, not to exceed 45 days from the date specified in the resolution.

Section § 23209

Explanation

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.

At the conclusion of the hearing, the board of supervisors of the conducting county shall adopt a resolution abandoning the proposed boundary change if:
(a)CA Government Code § 23209(a) In the case of inhabited territory, more than 50 percent of the resident-voters in the affected territory have filed and not withdrawn written protests before the conclusion of the hearing.
(b)CA Government Code § 23209(b) In the case of uninhabited territory, more than 50 percent of the property owners who own more than 50 percent of the value of the land and improvements in the affected territory have filed and not withdrawn written protests before the conclusion of the hearing.
(c)CA Government Code § 23209(c) In the case of either inhabited or uninhabited territory, the board of supervisors of either affected county has filed and not withdrawn a written protest before the conclusion of the hearing.

Section § 23210

Explanation

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.

(a)CA Government Code § 23210(a) Not later than 30 days after the conclusion of the hearing, if a proposed boundary change has not been abandoned pursuant to Section 23209, the board of supervisors of each affected county shall adopt substantially similar ordinances approving the proposed boundary change.
(b)CA Government Code § 23210(b) The ordinances shall declare that the proposal meets each of the conditions of Section 23202. The ordinances shall specify any terms and conditions to which the boundary change is subject, including, but not limited to, a division of any county debt or property. In addition, the ordinances shall state the effective date of the boundary change. The ordinances shall be adopted by majority vote of each board of supervisors.
(c)CA Government Code § 23210(c) If, in the case of inhabited territory, more than 25 percent, but not more than 50 percent, of the resident-voters in the affected territory have filed and have not withdrawn written protests before the conclusion of the hearing, the board of supervisors of each affected county shall provide that their ordinances are subject to confirmation by the voters in the affected territory. The election shall be conducted in accordance with the procedures of the Elections Code relating to county referendum elections regarding the qualifications of voters, the manner of voting, the form of the ballot, the duties of precinct and election officers, the canvassing of returns, and all other particulars.
(d)CA Government Code § 23210(d) After the canvass of the returns of any election on the proposed boundary change conducted pursuant to subdivision (c), the board of supervisors of the conducting county shall declare by resolution the total number of votes cast in the election and the number of votes cast for and against the proposed boundary change. If a majority of the votes were cast against the proposed boundary change, then the ordinances adopted pursuant to subdivision (a) shall not take effect. If a majority of the votes were cast in favor of the proposed boundary change, then the ordinances shall take effect, as provided.

Section § 23211

Explanation

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.

Each county shall continue to provide services to the territory within its own boundaries until the effective date of the boundary change as specified in the ordinances adopted pursuant to Section 23210.

Section § 23212

Explanation

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.

When a county boundary is changed pursuant to this article, the boards of supervisors of the affected counties shall file before the following December 1, with the State Board of Equalization and with the assessors of the affected counties, a statement setting forth the legal description of the boundary, as changed, together with a map or plat indicating the boundary. The change of the boundary shall not be effective for purposes of assessment or taxation unless the statement, together with the map or plat is filed with the assessors and 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.

Section § 23213

Explanation

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.

All taxes levied before the effective date of the boundary change shall be collected by the officers of and belong to the county in which the affected territory was situated before the boundary change, unless the ordinances adopted pursuant to Section 23210 provide otherwise.

Section § 23214

Explanation

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.

After the effective date of the boundary change, the officers of the affected counties shall complete all proceedings necessary for the assessment or collection of state and local taxes for the current year with respect to the affected territory. Subject to Section 23213, all actions taken by the officers of the affected county before the effective date of the boundary change shall be deemed performed by the officers of the county in which the affected territory is situated after the effective date of the boundary change, for the benefit of that county.

Section § 23215

Explanation

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.

The officers of an affected county shall immediately execute and deliver to the board of supervisors of the other affected county copies of all assessments or other proceedings relative to the assessment and collection of the current state and local taxes in the affected territory. The copies shall be filed with the respective officers of the affected counties who would have their custody if the proceedings had been originally had in that county and shall be deemed originals. All proceedings recited in the copies shall be deemed original proceedings in the other affected county and shall 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.

Section § 23216

Explanation

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.

The county superintendent of schools of an affected county shall furnish the superintendent of the other affected county with a certified copy of the last school census of the school districts in the affected territory. A county superintendent of schools shall transfer to the superintendent of the other affected county any money that is or may be due to the school districts in the affected territory.

Section § 23217

Explanation

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.

The auditor of an affected county shall transfer to the auditor of the other affected county any money that is or may be due to the other affected county from road districts in the affected territory. The money shall be properly credited in each county.

Section § 23218

Explanation

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.

No school district and no special district, including a special district which is governed by a board of supervisors or whose governing body is the same as the board of supervisors, shall have its territory divided or have its organization changed in any other way as the result of a county boundary change except by proceedings taken pursuant to law subsequent to the boundary change.

Section § 23219

Explanation

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.

If the affected counties are located in different district court of appeals districts, the district court of appeals district which includes the affected territory shall retain jurisdiction in all cases pending in a session of that court.

Section § 23220

Explanation

Once a boundary change takes effect, the superior court in each affected county will keep handling all ongoing cases in that court's session.

On and after the effective date of the boundary change, the superior court in each affected county shall retain jurisdiction in all cases pending in a session of that court.

Section § 23221

Explanation

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.

Any action to determine the validity of any minor change 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.