Notwithstanding anything in this division or in any law to which proceedings under this division are applicable, if at any time before the adoption of an ordinance or resolution of intention or within the time when protests may be filed under the provisions of any such law there is a written protest filed with the clerk of the legislative body by the owners (as defined in the act under which it is proposed to proceed) of a majority of the frontage of the property fronting on the acquisition or improvement in those cases where the cost in whole or part of the acquisition or improvement is to be assessed upon the property fronting on the acquisition or improvement, or by the owners of more than one-half of the area of the property to be assessed for the acquisition or improvement in those cases where the cost in whole or part of the acquisition or improvement is to be assessed upon the property within a district, and protests are not withdrawn so as to reduce the same to less than a majority, then the proposed proceedings shall be forthwith abandoned, and the legislative body shall not for one year from the filing of that written protest commence or carry on any proceedings for the same improvement or acquisition. Any such protest may be withdrawn by the owner making the same, in writing, at any time prior to the conclusion of the protest hearing held pursuant to the law under which it is proposed to proceed or any adjournment thereof.
Part 6MAJORITY PROTEST
Section § 2930
This law states that if property owners who would be financially responsible for an improvement or acquisition file a written protest before a local law or resolution is adopted, or during the protest period, and they own a majority of the involved property, the project must be abandoned. The local government cannot start similar proceedings for the same project for at least one year unless enough protests are withdrawn to no longer represent a majority. Property owners can withdraw their protests in writing before the protest hearing ends.
written protest property owners majority protest property frontage project abandonment local government cost assessment improvement proceedings acquisition proceedings protest withdrawal property assessment protest hearing legislative body one-year restriction improvement costs
Section § 2931
This law states that if most property owners protest against a specific part of an improvement or property purchase, then construction or buying of that part is halted for a year. However, the legislative body can start new projects that don't include the protested part. They can also revisit the protested part within the one-year ban if they get strong support (four-fifths vote) and most property owners are in favor.
If any majority protest is against only a portion of the improvement or acquisition then all further proceedings to construct that portion of the improvement or to acquire that portion of the acquisition so protested against shall be barred for a period of one year, but the legislative body shall not be barred from commencing new proceedings not including any part of the improvement or acquisition so protested against. Nothing in this act contained shall prohibit the legislative body, within said one-year period, from commencing and carrying on new proceedings for the construction of a portion of the improvement or the acquiring of a portion of the acquisition so protested against if it finds, by the affirmative vote of four-fifths of its members, that the owners of a majority of the property within the area of the assessment district to be established under said new proceedings are in favor of going forward with said portion of the improvement or acquisition.
majority protest improvement portion acquisition portion one year bar legislative body new proceedings property owners assessment district four-fifths vote property owner support construction halt project restart approval property acquisition improvement project protests
Section § 2932
This section explains that if a city or county wants to build or improve sewer or drainage systems and finds it necessary for the local residents, it can go ahead with the project even if most people object. This decision requires the approval of at least four out of five of the local government members. Once they decide, the decision can't be challenged unless there's evidence of fraud.
If the acquisition or improvement is for sewerage or drainage facilities only and is deemed by the legislative body conducting the proceedings to be necessary for the inhabitation or use of the property benefited, and such body shall, by a four-fifths vote of all members thereof entered upon its minutes, determine that said project is feasible and that the lands to be assessed will be able to carry the burden of such proposed assessment, it may by like vote overrule a majority protest in the proceedings hereunder or in the improvement proceedings to follow. Such finding and conclusion shall be final and conclusive in the absence of fraud.
sewerage facilities drainage facilities legislative body property benefit majority protest feasibility determination burden of assessment four-fifths vote final decision conclusive finding fraud exception improvement project local government decision property assessment necessity for inhabitation
