An action to determine the legality of the existence of a district may be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
FormationValidating Proceedings
Section § 50440
If you're questioning whether a district legally exists, you can take legal action using the procedure in Chapter 9, starting with Section 860, of the Code of Civil Procedure.
district legality determine existence legal action
Section § 50441
This law states that a court cannot declare a district invalid if it has been actively working on or maintaining reclamation projects in good faith for at least five years before any legal proceedings start.
The court shall not adjudge any district invalid when it appears that the district has for five years prior to the commencement of the proceeding been prosecuting or maintaining reclamation works in good faith.
district validity reclamation works good faith
Section § 50442
This law states that for any district in California that has been operating continuously and acting in good faith on its reclamation projects for at least five years, there can be no legal action, called quo warranto, brought against it by the state to challenge its right to operate.
No proceeding in quo warranto, nor any similar action or proceeding shall be maintained in the name of the people of the State against any district that, continuously for five years next preceding the commencement of the proceeding, has been acting as a district and prosecuting or maintaining its works of reclamation in good faith.
quo warranto district operations reclamation projects
