This section names a piece of legislation as the 'Special Assessment Investigation, Limitation and Majority Protest Act of 1931.'
This division may be cited as the Special Assessment Investigation, Limitation and Majority Protest Act of 1931.
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(Added by Stats. 1941, Ch. 79.)
This section means that the rules within this division should be interpreted broadly to fulfill their intended goals.
This division shall be liberally construed in order to effectuate its purposes.
liberally construed interpretation broad application division purposes fulfill goals statute interpretation broadly interpreted legal construction purposeful interpretation contextual understanding
(Added by Stats. 1941, Ch. 79.)
This section defines what an 'assessment roll' or 'taxation assessment roll' means in different contexts. When talking about a county, district, or public corporation, it refers to the county's taxation assessment roll. When used in relation to a city, it means the county's assessment roll, unless a specific correction factor is applied to determine the true value. In that case, it refers to the city's assessment rolls.
As used in this division, “assessment roll” or “taxation assessment roll” when used with reference to a county, or district or other public corporation, means the taxation assessment roll of the county, and when used with reference to a city means the assessment roll of the county in which the city is located unless a correction factor is established for the purpose of determining true value as provided for in Part 8, in which event those terms mean the taxation assessment rolls of the city.
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(Amended by Stats. 1941, Ch. 1070.)
This law allows the acquisition of property and public improvements to be handled together in one legal process, as long as the law overseeing both activities permits it. If a single process is planned for both acquiring property and making improvements, then only one procedure needs to be followed. This same law will apply to these combined proceedings just as it does when only acquiring property or making improvements separately.
This division shall not prevent the acquisition of property for public use and the making of public improvements in a single proceeding if the law under which the acquisition and the improvement are to be made authorizes such acquisition and the making of such improvements in a single proceeding.
Where a single proceeding covering both the acquisition and the improvement is contemplated, only a single proceeding covering both the acquisition and improvement need be taken under this division, and its provisions shall apply to such proceedings in the same manner as they apply to proceedings in which only the acquisition of property or the making of improvements is involved.
property acquisition public improvements single proceeding combined legal process public use property for public use law authorization legal process
(Added by Stats. 1941, Ch. 79.)
This law allows for the integration of proceedings from this division with those from the Improvement Act of 1911 or the Municipal Improvement Act of 1913 in a way that is both convenient and cost-effective.
Proceedings under this division may be combined with proceedings under the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) or with proceedings under the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000)) in any manner which is convenient and economical.
Improvement Act of 1911 Municipal Improvement Act of 1913 combined proceedings economical proceedings convenient legal processes infrastructure improvements legal integration California infrastructure laws project consolidation public works cost-effective legal procedure
(Added by Stats. 1984, Ch. 1298, Sec. 1.)
This law explains situations where certain types of districts, like irrigation or fire districts, aren't affected by some legal procedures. These procedures can be ignored if the district acts within a year of forming, if the area already follows certain constitutional rules, or if 60% of property owners submit a written request for improvement. When the law talks about improvements, it means extra work can only be added if it's very similar and costs less than 10% of the original plan. 'Owner of land' refers to anyone on the latest assessor's roll or soon-to-be-updated records, including joint or common owners or spouses.
(a)CA Streets and Highways Code § 2804(a) This division does not apply to irrigation districts, irrigation district improvement districts, fire districts, fire protection districts, or public cemetery districts, or to any proceeding otherwise subject to this division when one or more of the following situations exist:
(1)CA Streets and Highways Code § 2804(a)(1) The proceedings are undertaken by a district or public corporation within one year of its incorporation.
(2)CA Streets and Highways Code § 2804(a)(2) The improvement proceedings are by a chartered city, chartered county, or a county sanitation district which is governed ex officio by the board of supervisors of a chartered county, and the city, county, or district has complied
with Section 19 of Article XVI of the California Constitution.
(3)CA Streets and Highways Code § 2804(a)(3) All of the owners of more than 60 percent in area of the property subject to assessment for the proposed improvements have signed and filed with the clerk or secretary of the legislative body undertaking the proceedings a written petition for the improvements meeting the requirements of Section 2804.5.
(b)CA Streets and Highways Code § 2804(b) As used in this section, “substantially described” means that additional improvements of the same or similar nature may not be provided unless the estimated cost of the improvements does not exceed 10 percent of the estimated cost of the improvements provided in the former report.
(c)CA Streets and Highways Code § 2804(c) As used in this section, “owner of land” means only a person who, at the time the petition is filed with the clerk or secretary of the legislative body, appears to be
the owner upon the assessor’s roll or, in the case of transfers of land, or parts thereof, subsequent to the date upon which the last assessor’s roll was prepared, appear to be the owner on the records in the county assessor’s office which the county assessor will use to prepare the next assessor’s roll. If any person signing the petition appears on the assessor’s roll or the records in the county assessor’s office as an owner of property as a joint tenant or tenant in common, or as a spouse, that property shall be counted as if all those persons had signed the petition.
irrigation districts fire districts public cemetery districts district incorporation chartered city improvements chartered county county sanitation district California Constitution Article XVI Section 19 property owner petition land assessment improvement costs assessor's roll joint tenancy tenant in common legislative body
(Amended by Stats. 2016, Ch. 50, Sec. 114. (SB 1005) Effective January 1, 2017.)
This law says that certain rules about funding street and easement improvements don’t apply when a property developer and a local government, like a city or county, make a contract. However, to skip those rules, the developer must prove the planned assessments won't be more than 75% of the land’s fair market value after the improvements. The local government’s decision on this matter is final unless fraud is involved.
The provisions of clause (3) of Section 2804 shall not apply to proceedings for the financing and improvement of streets and easements initiated under a contract entered into, or proposed to be entered into, between a subdivider and a city, city and county, or county pursuant to Section 66462 of the Government Code, unless the subdivider shall submit written evidence satisfactory to the legislative body and the legislative body shall find and determine that the total estimated amount of the proposed assessment will not exceed 75 percent of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. The finding and determination of the legislative body shall be final and conclusive in the absence of fraud.
street improvement financing easements subdivider contract local government contract Section 66462 assessment limit property developer fair market value public improvements fraud exception legislative body determination final decision
(Amended by Stats. 1976, Ch. 1079.)
This law is about the improvement and financing of streets and easements. When a city or county plans these improvements, if the land involved has mortgages or deeds of trust, 'owners' means not just the usual property owners, but also includes lenders involved in those mortgages. Landowners need to give the legislative body proof and details about any mortgages or liens when improvements are petitioned.
If the proceedings are for the financing and improvement of streets and easements initiated under a contract entered into, or proposed to be entered into, between a city, city and county, or county pursuant to Section 66462 of the Government Code and lands which will be subject to assessment for the proposed improvement are encumbered or subject to any existing mortgage or deed of trust, for the purpose of clause (3) of Section 2804, “owners” shall include not only the persons specified in Section 2804 but also any mortgagee or beneficiary under any such existing mortgage or deed of trust. Upon the filing of a petition for any such improvement, the owners, as specified in Section 2804, shall furnish the clerk or secretary of the legislative body with their affidavit, and any additional evidence which the clerk or secretary may require, concerning the existence of all such mortgages or deeds of trust and the names of any mortgagees or beneficiaries thereunder.
street improvement financing Section 66462 mortgages deeds of trust property assessment land encumbrance mortgagee beneficiary petition for improvement affidavit of owners easement improvement legislative body clerk property owner responsibilities furnishing evidence city or county contract
(Amended by Stats. 1976, Ch. 1079.)
This law applies when a property owner with at least 40% area ownership starts an assessment process. It's relevant if other properties in the area are mainly residential. However, if those properties also want to join, owners of at least 50% of the remaining area not owned by the 40% owner must also sign the petition. This ensures that enough property owners agree to the assessment before it moves forward.
Notwithstanding paragraph (3) of subdivision (a) of Section 2804, this division applies to proceedings where a petition is signed by an owner of 40 percent or more in area of the property proposed to be subject to assessment, and where some or all of the other lots or parcels proposed to be subject to assessment are used primarily for residential purposes, unless the petition and waiver is also signed by owners of 50 percent in area of the property proposed to be subject to assessment which is not owned by the owner of 40 percent or more in area of the property proposed to be subject to assessment.
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(Added by Stats. 1989, Ch. 1421, Sec. 2.)
This law outlines the requirements for a petition related to forming an assessment district for certain improvement projects. The petition must include a statement that the landowner understands they are giving up the right to protest the formation of the district, a brief description of the project, and an estimate of the project's total cost that will be covered by the assessment district.
A petition for improvements for purposes of paragraph (3) of subdivision (a) of Section 2804 shall include, but not be limited to, all of the following:
(a)CA Streets and Highways Code § 2804.5(a) A statement, in clear and simple English, that the landowner is waiving certain rights to protest against and stop the formation of the proposed assessment district.
(b)CA Streets and Highways Code § 2804.5(b) A brief description of the proposed project.
(c)CA Streets and Highways Code § 2804.5(c) An estimate of the total cost of the proposed project to be financed by the proposed assessment district.
petition for improvements assessment district formation landowner rights waiver proposed project description project cost estimate improvement project assessment financing right to protest district formation landowner agreement
(Added by Stats. 1989, Ch. 1421, Sec. 3.)
This law section states that certain rules don't apply to bonds that are meant for funding public projects like infrastructure or utilities. If these bonds have been approved by a required majority or two-thirds of voters, then the division doesn't govern them. This approval must come from eligible voters or people who have the right to vote on the bond issue in a district.
This division shall not apply to bonds issued or to be issued to provide money with which to acquire, construct or complete any public improvement, work, or public utility, or where such bonds have been voted by a majority or two-thirds vote, as may be required by the law under which the bonds are issued or to be issued, of the qualified electors of any district or other persons entitled to vote at the election upon the proposition of issuing such bonds.
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(Added by Stats. 1941, Ch. 79.)
This law says that the rules in this division don't apply to maintenance district proceedings or assessments for maintaining improvements. However, it does apply to all other special assessment districts and processes that fall under Section 2820. This is true regardless of the specific law used for these proceedings or whether the assessment is a specific charge or a type of special tax on land, either fully or partly based on the land's assessed value.
This division shall not apply to any maintenance district proceedings or to any assessment levied for the maintenance of any improvements, but it shall apply to all other special assessment districts and proceedings within the scope of Section 2820, regardless of the particular law under which any such proceeding may be undertaken and regardless of whether the special assessment made will be specific or a special assessment tax upon lands wholly or partially according to the assessed value of such lands.
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(Added by Stats. 1941, Ch. 79.)
In this law, when you see the term "parcel" related to land, it also means "lot." They're essentially the same in this context.
As used in this division with reference to land “parcel” includes lot.
land parcel lot reference to land terminology land division equivalent terms land parcel lot definition real estate terminology
(Added by Stats. 1941, Ch. 79.)
This law says that specific rules don't apply when a city or county wants to build or buy sanitary sewers, sewage plants, or storm drains if a health officer says it's needed for health reasons. The recommendation must be in writing and recorded in the meeting notes, and it must be agreed upon by at least four-fifths of the legislative members. Once decided, their findings are final unless actual fraud is involved.
None of the provisions of this division shall apply to proceedings heretofore or hereafter commenced for the construction or acquisition, or the construction and acquisition, of sanitary sewers, sewage disposal works, and storm water drains, including the acquisition of sewer and storm water drain rights-of-way and easements necessary in connection with such improvement, when such proceedings have been recommended by the health officer of the city or county in which such proceedings are instituted as necessary as a health measure, if such recommendation is given in writing and spread upon the minutes of the legislative body conducting such proceedings, and such necessity is found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
sanitary sewers sewage disposal works storm water drains health officer recommendation right-of-way acquisition easements health measure legislative body approval four-fifths vote resolution adoption final determination municipal improvements public health necessity infrastructure proceedings fraud exception
(Amended by Stats. 1971, Ch. 1139.)
This law section states that certain rules do not apply to specific proceedings regarding water facilities, like construction or acquisition, if they are related to health measures. To bypass these rules, the proceedings must be recommended in writing by a local health officer, recorded in the legislative minutes, and approved by a four-fifths majority vote of the governing body. Once this process is followed, the decision is final unless there's fraud involved.
This division does not apply to proceedings commenced before or after January 1, 1985, for the construction or acquisition, or both, of facilities for the production, treatment, storage, and distribution of water, which supply potable water for domestic, municipal, commercial, or industrial use, including the acquisition of rights-of-way and easements necessary in connection with the facilities, when the proceedings have been recommended by the health officer of the city or county in which the proceedings are instituted as necessary as a health measure, if the recommendation is submitted in writing and included in the minutes of the legislative body conducting the proceedings, and the necessity is found to exist by a resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body, pursuant to this section, is final and conclusive upon all persons in the absence of actual fraud.
water facility construction potable water distribution municipal water supply health officer recommendation legislative approval four-fifths vote health measure acquisition of rights-of-way industrial water use domestic water supply final decision easements city or county recommendations water treatment facilities fraud exception
(Added by Stats. 1984, Ch. 1298, Sec. 2.)
This law states that certain rules do not apply to projects for fixing or updating existing public facilities if there are more than 12 voters in the area who would pay for the work. These projects must be necessary for public safety or to prevent higher future costs due to facility wear and tear. The necessity must be confirmed in writing by an engineer and supported by a resolution from most of the legislative body members. Once these findings are made, they cannot be challenged unless there's fraud involved.
This division does not apply to proceedings, whether commenced before or after January 1, 1985, for repairing, restoring, rebuilding, rehabilitating, or modernizing existing public facilities when there are over 12 resident voters within the area proposed to be assessed and when the engineer of the jurisdiction undertaking assessment proceedings has determined that the work is necessary for reasons of public safety or to avoid substantially larger future costs due to deterioration and obsolescence of the public facilities involved. The determination shall be given in writing and included in the minutes of the legislative body conducting the assessment proceedings, and this section shall apply only if the necessity is found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
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(Added by Stats. 1984, Ch. 1298, Sec. 2.5.)
This law section states that certain rules don't apply to projects for building or acquiring flood control and drainage systems, such as getting land or easements, if specific conditions are met. These conditions include a written determination by the chief engineer that these works are necessary to protect against serious flooding caused by a 100-year storm. This finding must be officially recorded and approved by a significant majority (four-fifths) of the local government's legislative body. Once these conditions are met, the decision is considered final unless there is evidence of fraud.
This division does not apply to proceedings commenced before or after January 1, 1985, for the construction or acquisition, or both, of flood control and drainage works, including the acquisition of rights-of-way and easements necessary in connection with those improvements, if the chief engineer of a city, county, or flood control district exercising flood control powers over the majority of the area to be protected by the proposed flood control or drainage works finds the works to be necessary to protect life and property from injury and damage from flooding as a result of a 100-year design storm and that finding is made in writing and spread upon the minutes of the legislative body conducting the proceedings, and if that necessity is also found to exist by resolution adopted by the affirmative vote of four-fifths of the members thereof. The finding made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
flood control drainage works construction acquisition rights-of-way easements 100-year design storm chief engineer city engineering decisions protect life and property legislative body resolution conclusive finding evidence of fraud final decision authority flood protection projects
(Added by Stats. 1984, Ch. 1298, Sec. 3.)
This section clarifies that the term 'legislative body' includes any governing body of a district or other public entity that is legally allowed to build public improvements.
As used in this division “legislative body” shall include the governing body of any district or other public corporation authorized by law to construct such public improvements.
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(Added by Stats. 1941, Ch. 1070.)
This law states that the rules in this division don't apply to projects for building sidewalks or improving railroad crossings if they're needed for the safety of school kids, farmworkers, or other workers. This applies only if the city or county's governing body decides it's necessary, and they must pass a resolution with a four-fifths majority. Once they make a decision, it can't be challenged, unless there's proven fraud.
None of the provisions of this division shall apply to proceedings hereafter commenced for the construction of sidewalks when required for the safety of pupils attending the schools, or for the construction of improvements to or traffic safety facilities for railroad crossings when required for the safety of pupils attending schools or farmworkers or other workmen, within a city or county and the necessity for such requirement is found to exist by the legislative body of such city or county conducting said proceedings, expressed by resolution adopted by the affirmative vote of four-fifths of the members thereof. The findings and determinations made by the legislative body pursuant to this section shall be final and conclusive upon all persons in the absence of actual fraud.
sidewalk construction safety of pupils railroad crossings traffic safety facilities school safety farmworkers safety workmen safety legislative body city or county resolution four-fifths vote final and conclusive findings necessity determination absence of fraud construction improvements public safety requirements
(Amended by Stats. 1967, Ch. 1012.)
This law states that the usual rules don't apply when one government group gives another group the power to make decisions outside its own area. But, if the second group decides to use that power, it has to follow the rules about assessing properties, as long as they're applicable.
This division shall not apply to the proceedings of the legislative body of any entity in granting to the legislative body of another entity the power and authority to exercise extraterritorial jurisdiction within its boundaries. However, the legislative body of the entity granted such power and authority shall comply with this division as to all property proposed to be assessed or with such provisions of Part 1 hereof as may be applicable.
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(Added by Stats. 1961, Ch. 1595.)