If the board determines, pursuant to the provisions of this part, that bonds should be issued, an action to determine the validity of the assessment may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
Reclamation Board Bond ActValidating Proceedings
Section § 9275
If a board decides that bonds need to be issued, there's a procedure to officially confirm the assessment's validity. This process follows rules starting in Section 860 of the Code of Civil Procedure.
bond issuance assessment validity board decision
Section § 9276
If someone wants to challenge the assessment, they must first put their objection in writing and submit it to the board before it can be considered by the court.
No objection to the assessment shall be considered by the court unless the objection has been made in writing to the board as provided in Part 4 of this division.
assessment objection written objection court consideration
Section § 9277
This law states that when a judgment is made, it should specify how the assessment is divided for each county involved. It is enough to mention only those parts of the assessment that the judgment affects.
The judgment shall refer to the assessment apportioned to each county separately and it shall be sufficient to refer to the portions of the assessment which are affected by the judgment.
judgment reference county assessment separate apportionment
Section § 9278
This section states that if the total amount of an assessment is changed by less than or equal to 2.5% as a result of a legal judgment, it does not count as a substantial modification. Therefore, there is no need to recalculate or redistribute the assessment.
Unless the aggregate amount of the whole of the assessment is modified or amended by the judgment in the proceedings so as to cause a difference of more than 21/2 percent greater or less than the original total amount of the assessment, the assessment shall not be deemed to have been substantially modified and no necessity shall exist for a reapportionment thereof.
assessment modification aggregate amount legal judgment
Section § 9279
This law states that the assessment lists—which detail how costs are divided among landowners in a drainage district—are considered final proof that the charges are fairly distributed based on how much each piece of land will benefit. This holds true unless a court decision says otherwise and includes any changes ordered by the court.
The assessment lists, unless annulled by the judgment in the judicial proceeding, embracing any modifications made by the judgment are conclusive evidence that the assessment has been apportioned according to the benefits that will accrue to each tract of land in the drainage district by reason of the expenditure of the sums of money to be raised thereby.
assessment lists conclusive evidence drainage district
Section § 9280
This law requires that a certified copy of a judgment related to assessment lists must be filed with the board's office.
A certified copy of the judgment referring to the assessment lists shall be filed in the office of the board.
certified copy judgment assessment lists
Section § 9281
This law says that when a judgment affects lands in different counties, a certified copy of the judgment for each affected county needs to be attached to the original assessment list for that county. The board must then update the assessment lists to reflect any changes required by the judgment.
A certified copy of so much of the judgment as relates to the lands in each of the counties affected thereby shall be affixed to the original assessment list for such county and the board shall thereupon cause such amendments or modifications to be made and entered upon the original assessment lists as may be necessary to make them conform to the provisions and directions of the judgment.
judgment copy lands affected counties
Section § 9282
This law states that any changes made to the assessment lists must be officially confirmed by the secretary or assistant secretary of the board, ensuring they meet all the criteria set by a court judgment.
The assessment lists as amended or modified shall be certified by the secretary or assistant secretary of the board as being in conformity with the requirements of the judgment.
assessment lists amended assessment modified assessment
