When a formation petition is presented, the board of supervisors shall hear it, and may adjourn the hearing from time to time. If any hearing or continued hearing is continued to a time more than 60 days from the date of the order making the continuance, a notice of the continued hearing shall be published in some newspaper or newspapers printed and published in each of the counties in which any portion of the proposed district lies once a week for at least two weeks immediately prior to the time appointed for the continued hearing.
FormationHearing
Section § 74070
This law section explains what happens when a petition to form a new district is presented to the board of supervisors. They must hold a hearing to discuss it, and they can postpone or continue the hearing as needed. However, if the hearing is postponed for more than 60 days, they must publish a notice of this continued hearing in newspapers in all counties that would be part of the proposed district. This notice must appear weekly for at least two weeks before the rescheduled hearing date.
formation petition board of supervisors hearing adjournment
Section § 74071
In the final hearing, the board of supervisors can adjust the proposed district boundaries as they see fit. However, they can't remove any land that would benefit from the district or add any land that wouldn't benefit from being part of the district.
On the final hearing the board of supervisors shall make such changes in the proposed boundaries as may be deemed advisable, and shall define and establish such boundaries. The board of supervisors shall not modify such boundaries so as to exclude from the proposed district any territory which would be benefited by the formation of the district; nor shall any land be included within the proposed district which will not, in the judgment of the board, be benefited by the formation of the district.
district boundaries board of supervisors proposed district
Section § 74072
If your land could be improved by being part of a district, you can apply to have it included. Whether it gets included is up to the board of supervisors to decide.
Any person whose lands would be benefited by the district may, upon his application and in the discretion of the board of supervisors, have such lands included within the proposed district.
land inclusion benefited lands district expansion
Section § 74073
This law section states that when there's a hearing about forming a new district, the board of supervisors has to decide if the petition meets all the legal requirements. They'll listen to all the relevant evidence and arguments, whether they're for or against the petition.
Upon the hearing of the formation petition the board of supervisors shall determine whether or not the petition complies with the requirements of this division, and for that purpose shall hear all competent and relevant testimony offered in support thereof or in opposition thereto.
formation petition board of supervisors hearing
Section § 74074
This section states that if there's a mistake in the formation petition or the notice (like a typo or missing information), it won't ruin the whole process. However, this holds true only if there are enough valid signatures on the petition.
No defect in the contents of the formation petition, or in the title to or form of the notice, or signature, shall vitiate any proceedings thereon; provided, such petition or petitions have a sufficient number of qualified signatures attached thereto.
formation petition petition defects qualified signatures
Section § 74075
Whenever the board of supervisors makes a decision, it must be officially recorded in their meeting minutes.
The determination of the board of supervisors shall be entered upon the minutes of the board.
board of supervisors meeting minutes official record
Section § 74076
This law states that if more than half of the assessed property value owners in a proposed district protest against the formation of the district, the process to create the district must stop. The board of supervisors is required to officially end the proceedings if such a majority protest is received.
If the board of supervisors finds that protest has been made prior to its final determination for formation of the district, by the owners of land, or by the owners of real property in the event of the applicability of the provisions of Section 74056, within the proposed district the assessed value of which, as shown by the last equalized assessment roll, constitutes more than one-half of the total assessed value of the land or real property, as the case may be, within the proposed district, the proceeding shall terminate. The board of supervisors shall order the proceeding terminated when such protests are received.
protest board of supervisors district formation
