ARTICLE 4.5. Alteration of Boundaries

Article 4.5 added by Stats. 1974, Ch. 1393.

§§ 23230–23296 · 68 sections

§ 23230 This article shall provide the sole procedure for the change, alteration or reformation of existing county boundaries, not authorized to be taken pursuant to…
§ 23231 As used in this article: (a) “Accepting county” means the county accepting transferred territory by reason of a county boundary change. (b) “Clerk” means the…
§ 23232 Proceedings under this article shall not be subject to the provisions of the Cortese-Knox-Hertzberg Local Government Reorganization Act of 2000 (Division 3…
§ 23233 Proceedings to change, alter, or reform the boundary lines between counties may be initiated by petition, or by resolution of the legislative body of either…
§ 23234 A petition shall contain in substance the following: (a) An accurate description of the proposed new boundary line as it will appear or exist if the existing…
§ 23235 The petition shall be signed by qualified electors of either affected county equaling in number not less than 25 percent of the number of electors of each…
§ 23236 When the territory to be transferred from one county to another is uninhabited, proceedings may also be initiated by a petition signed by the owners of not…
§ 23237 Each elector, after signing a petition, shall add the name of the county in which the elector resides, the elector’s place of residence, giving a street and…
§ 23238 A petition may consist of a single instrument or several counterparts.
§ 23239 A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.
§ 23240 No petition shall be accepted for filing pursuant to this article unless the signatures thereon shall have been secured within six months of the date on which…
§ 23241 All petitions shall be filed with the clerk of the transferring county. All counterparts of a petition shall be filed at the same time.
§ 23242 Within 30 days after the date of filing of a petition, the clerk of the transferring county shall examine the petition and determine whether it is signed by…
§ 23243 If the clerk certifies a petition to be insufficient the clerk shall give mailed notice thereof to each of the chief petitioners, if any, and file the petition…
§ 23244 If the clerk certifies a petition to be sufficient, the clerk shall immediately transmit a copy of the certification to the board of supervisors of both…
§ 23245 In certifying the sufficiency of a petition, the clerk shall compare the name of each person signing the petition with the registration records of the county…
§ 23246 A resolution to initiate proceedings for a county boundary change shall contain the information required for a petition by Section 23234.
§ 23247 Upon receipt of the certification of a petition or a certified copy of a resolution, the board of the transferring county shall forthwith transmit a copy of…
§ 23248 Upon receipt of notice pursuant to Section 23247, the Governor shall create a County Boundary Review Commission to review the proposed county boundary change,…
§ 23249 The commission shall determine: (a) An equitable distribution, as between the transferring county and the accepting county, of the indebtedness of each…
§ 23250 In determining the fiscal impact of the proposed boundary change and the economic viability of each affected county if the proposed boundary change is…
§ 23251 Within 10 days after notice and acceptance of appointment of the last appointed member, the members of the commission shall meet at the principal…
§ 23252 The commission shall conduct a public hearing to receive information regarding its determinations, and to hear any protests and objections to the proposed…
§ 23253 At any time prior to final adjournment of the hearing on protests, any owner of property within the uninhabited territory proposed to be transferred may file…
§ 23254 On the date and at the time set for hearing, the commission shall hear and consider all protests made by owners of property within the uninhabited territory…
§ 23255 The commission shall determine at the hearing or within 30 days after the closing of the hearing whether or not a majority protest, of owners of property…
§ 23256 On the date and at the time fixed for hearing, the commission shall also hear and may grant or deny any request for exclusion filed pursuant to Sections…
§ 23256.5 At any time prior to the final hearing on the proposed county boundary change, any owners of real property within the territory proposed to be transferred and…
§ 23257 Written requests for exclusion of any territory within the territory proposed to be transferred and contiguous to the boundary line thereof may be filed with…
§ 23258 Boundary lines between counties may not be changed if as a result of such change: (a) a strip of untransferred territory less than 200 feet wide and more than…
§ 23259 The hearing of protests and requests for exclusion may be continued from time to time during the course of the commission’s determinations. By citation or…
§ 23260 Except as otherwise provided in this article, the commission may, in determining a fair, just and equitable distribution of the indebtedness of the…
§ 23261 The commission shall also identify and determine the location and value of all real and personal property owned by the transferring county located within the…
§ 23262 Except as provided by the commission, when the boundary change is effected the territory which is transferred shall be relieved of annual tax liability for the…
§ 23263 Members of the commission shall receive as compensation a per diem not to exceed fifty dollars ($50) a day for every day they are actually employed together…
§ 23264 The commission shall adopt a resolution making its determinations and transmit its report in writing within 180 days of the date of notice and acceptance of…
§ 23265 If either board disapproves the proposed boundary change, no further proceedings shall be taken for that boundary change and no new proceedings for…
§ 23266 If the territory proposed to be transferred is uninhabited, no majority protest has been made and the boards of both affected counties approve the proposed…
§ 23267 If the proposed territory to be transferred is inhabited and the boards of both affected counties have approved the boundary change, the board of the…
§ 23268 The proclamation and notice of election shall be published at least once a week for three weeks commencing not less than 70 days prior to the date of the…
§ 23269 The notice of election shall contain the following: (a) A statement of the proposition to be voted on and a description of the county boundaries as they will…
§ 23270 All qualified electors of the territory proposed to be transferred who have been registered electors of the county 30 days prior to the date of the election…
§ 23271 Ballots at the election shall contain the words “Shall (description of territory) be transferred to (name of county accepting transferred territory)?” To the…
§ 23272 The election shall be governed and controlled by the general election laws of the state so far as applicable, except as otherwise provided in this article.
§ 23273 If more than one argument for or more than one argument against the proposed boundary change is filed with the clerk of the transferring county the clerk shall…
§ 23274 The elections official shall cause a ballot pamphlet concerning the proposed boundary change to be printed and mailed to each qualified elector in the…
§ 23275 The clerk shall also prepare and mail a sample ballot to the qualified electors of the territory proposed to be transferred. The sample ballot shall be mailed…
§ 23276 The law relating to the preparation, printing, and distribution of sample ballots and primary elections does not apply to any election held pursuant to this…
§ 23277 Except as otherwise provided by this article, the election shall be conducted as other elections in the transferring county.
§ 23278 The board of the transferring county shall appoint as election officers three representatives who reside in the affected county represented.
§ 23279 Immediately on the closing of the polls the election officers shall: (a) Canvass the ballots. (b) Make up and certify the tally sheets of the ballots cast. (c)…
§ 23280 The clerk of the transferring county shall upon the completion of a canvass of the vote in the territory proposed to be transferred, forward to the board of…
§ 23281 If upon a canvass of the total votes cast in the territory proposed to be transferred at the election, it appears that more than 50 percent of the total number…
§ 23282 The board of supervisors of the county from which territory is transferred shall cause a copy of the resolution adopted pursuant to Section 23281 to be filed…
§ 23283 If upon a canvass of the total votes cast in the territory proposed to be transferred at the election, it appears that 50 percent or less, of the total number…
§ 23284 All costs of the election shall be borne by the county accepting transferred territory if the boundary change is effected. If the boundary change is not…
§ 23285 Whenever county boundaries are changed pursuant to this article, the board of supervisors of both affected counties shall cause to be filed before the…
§ 23286 When a county boundary is changed, all taxes levied before the boundary change was effected shall be collected by the officers of and belong to the county in…
§ 23287 The transferring county shall continue to provide necessary services from the date the county boundaries are changed until service responsibilities and…
§ 23288 Notwithstanding any other provision of law, no special district, which is organized within either affected county and governed by the board of supervisors…
§ 23289 After the county boundary change is effected, the officers of the accepting county shall proceed to complete all proceedings necessary for the assessment or…
§ 23290 The officers of the transferring county shall immediately execute and deliver to the board of supervisors of the accepting county, copies of all assessments or…
§ 23291 The county superintendent of schools of the transferring county shall furnish the county superintendent of schools of the accepting county with a certified…
§ 23292 The auditor of the transferring county shall draw a warrant on the treasurer of that county in favor of the treasurer of the accepting county for all money…
§ 23293 The treasurer of the transferring county shall immediately cause to be transferred to the county treasurer of the accepting county all money standing to the…
§ 23294 Where the county accepting territory is located in a different district court of appeals district than the transferring county, the district court of appeals…
§ 23295 On and after the date the boundary change is effected, the superior court in the transferring county shall retain jurisdiction in all cases pending in a…
§ 23296 Any action to determine the validity of any change, alteration, or reformation to the boundaries of a county pursuant to this article shall be brought pursuant…