DIVISION 4. THE SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931 [2800. - 3012.]

Division 4 added by Stats. 1941, Ch. 79.

§§ 2800–3012 · 71 sections

1. PART 1. GENERAL PROVISIONS §§ 2800–2811 · 20 sections

   • § 2800 This division may be cited as the Special Assessment Investigation, Limitation and Majority Protest Act of 1931.
   • § 2801 This division shall be liberally construed in order to effectuate its purposes.
   • § 2802 As used in this division, “assessment roll” or “taxation assessment roll” when used with reference to a county, or district or other public corporation, means…
   • § 2803 This division shall not prevent the acquisition of property for public use and the making of public improvements in a single proceeding if the law under which…
   • § 2803.5 Proceedings under this division may be combined with proceedings under the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) or with…
   • § 2804 (a) This division does not apply to irrigation districts, irrigation district improvement districts, fire districts, fire protection districts, or public…
   • § 2804.1 The provisions of clause (3) of Section 2804 shall not apply to proceedings for the financing and improvement of streets and easements initiated under a…
   • § 2804.2 If the proceedings are for the financing and improvement of streets and easements initiated under a contract entered into, or proposed to be entered into,…
   • § 2804.3 Notwithstanding paragraph (3) of subdivision (a) of Section 2804, this division applies to proceedings where a petition is signed by an owner of 40 percent or…
   • § 2804.5 A petition for improvements for purposes of paragraph (3) of subdivision (a) of Section 2804 shall include, but not be limited to, all of the following: (a) A…
   • § 2805 This division shall not apply to bonds issued or to be issued to provide money with which to acquire, construct or complete any public improvement, work, or…
   • § 2806 This division shall not apply to any maintenance district proceedings or to any assessment levied for the maintenance of any improvements, but it shall apply…
   • § 2807 As used in this division with reference to land “parcel” includes lot.
   • § 2808 None of the provisions of this division shall apply to proceedings heretofore or hereafter commenced for the construction or acquisition, or the construction…
   • § 2808.5 This division does not apply to proceedings commenced before or after January 1, 1985, for the construction or acquisition, or both, of facilities for the…
   • § 2808.6 This division does not apply to proceedings, whether commenced before or after January 1, 1985, for repairing, restoring, rebuilding, rehabilitating, or…
   • § 2808.7 This division does not apply to proceedings commenced before or after January 1, 1985, for the construction or acquisition, or both, of flood control and…
   • § 2809 As used in this division “legislative body” shall include the governing body of any district or other public corporation authorized by law to construct such…
   • § 2810 None of the provisions of this division shall apply to proceedings hereafter commenced for the construction of sidewalks when required for the safety of pupils…
   • § 2811 This division shall not apply to the proceedings of the legislative body of any entity in granting to the legislative body of another entity the power and…
2. PART 2. INVESTIGATION AND REPORT ON THE PROJECT §§ 2820–2830 · 11 sections

   • § 2820 Before any ordinance or resolution may be adopted by the legislative body of any county, city, district or other public corporation, ordering the construction…
   • § 2821 The legislative body shall by resolution or ordinance determine in general the nature, location and extent of such proposed improvement or acquisition.…
   • § 2822 The legislative body shall also generally define the boundaries or extent of the district or lands to be specially assessed to pay all or any part of the cost…
   • § 2823 The legislative body shall also determine the amount or percentage, if any, proposed to be paid toward the cost of such improvement or acquisition from any…
   • § 2824 The legislative body shall cause a written report upon the proposed improvement or acquisition to be prepared for it. The legislative body of a county may…
   • § 2825 The report on the proposed improvement or acquisition shall contain all of the following information: (a) A map, plat, or diagram showing the general nature,…
   • § 2826 A copy of the resolution or ordinance adopted pursuant to Section 2821 shall be attached to the report.
   • § 2827 The assessments required to be set forth in the report shall be deemed to be estimates only and the final assessments levied under any street improvement law…
   • § 2828 The person preparing the report shall appear at the hearing on the report and give all information concerning it to all interested property owners and to the…
   • § 2829 The legislative body may by order or resolution abandon the proposed acquisition or improvement during the preparation of the report or at any time thereafter…
   • § 2830 When the report has been approved by the legislative body, the fact and date of such approval shall be indorsed thereon, and the report shall be filed with the…
3. PART 3. HEARING UPON THE REPORT §§ 2850–2859 · 10 sections

   • § 2850 The legislative body shall fix a time and place of hearing on the approved report and may order the hearing to be held by the legislative body or by other…
   • § 2851 The clerk of the legislative body shall give notice of the hearing by mailing a copy of the notice, postage prepaid, to all persons owning real property which…
   • § 2852 The notice of the hearing on the report shall be substantially in the following form (filling in blanks): Notice is hereby given that land owned by you or in…
   • § 2853 The notice of the hearing must be mailed at least 30 days prior to the date of the hearing.
   • § 2854 If any parcel of land is assessed as owner unknown on the assessment roll, no notice need be sent for such parcel unless the name and address of a person…
   • § 2855 In the absence of fraud no error or mistake in the mailing of the notices, or any of them, and no failure of any property owners to receive the same shall in…
   • § 2856 At the hearing protests may be made orally or in writing by any person who would be entitled to protest or object to the ordering of the things proposed to be…
   • § 2857 At the hearing on the report, the report, except as to the map, plat or diagram and the assessed valuations and true valuations of and assessments and…
   • § 2858 If the hearing on the report is not held before the legislative body, then within 10 days after the conclusion of the hearing, the persons conducting the…
   • § 2859 Unless the acquisition or improvement is abandoned, the report and the report on the hearing, if the hearing is not held before the legislative body, shall be…
4. PART 4. ACTING UPON THE REPORT §§ 2880–2885 · 6 sections

   • § 2880 If the hearing on the report is held before the legislative body, it may consider the report immediately after the hearing or at such time within 30 days as it…
   • § 2881 If the hearing on the report is not held before the legislative body, then within 30 days after the report on the hearing has been filed, the report and the…
   • § 2882 If the legislative body determines that the public interest, convenience and necessity require the acquisition or improvement substantially as set forth in the…
   • § 2883 The acquisition or improvement shall be deemed substantially the same as set forth in the report if the things proposed to be done in the report are not so…
   • § 2884 The legislative body may, without further notice or hearing, omit or decrease any portion of or make such alterations or changes in the work proposed to be…
   • § 2885 At the hearing on the ordinance or resolution of intention, the reports (except as to the map, plat or diagram and the assessed valuations and true valuations…
5. PART 5. DEBT LIMITATIONS §§ 2900–2905 · 6 sections

   • § 2900 If the report on the proposed acquisition or improvement shows that the estimated amount proposed to be assessed upon any parcel for the proposed acquisition…
   • § 2901 If the total cost of any improvement, including incidental expenses but excluding the actual cost of the acquisition of any property, exceeds the total…
   • § 2902 If the total cost including incidental expenses of any acquisition or improvement, less any amount to be paid toward the cost from any source other than…
   • § 2903 If the estimated or actual cost including incidental expenses of any acquisition or improvement exceeds the amounts that may be specially assessed upon…
   • § 2904 Whenever an improvement contract has been awarded, the county or city or district or other public corporation, the legislative body of which is conducting the…
   • § 2905 Notwithstanding anything in this division, if the legislative body conducting the proceedings, after the report or reports provided for in this division have…
6. PART 6. MAJORITY PROTEST §§ 2930–2932 · 3 sections

   • § 2930 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…
   • § 2931 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…
   • § 2932 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…
7. PART 7. SUMMARY PROCEEDINGS §§ 2950–2956 · 7 sections

   • § 2950 If the legislative body finds, after taking the steps provided by Sections 2821, 2822 and 2823, that the probable assessments will not exceed the limitations…
   • § 2951 The notice of proposed assessment shall be substantially in the following form (filling in the blanks): NOTICE OF PROPOSED ASSESSMENT Notice is hereby given…
   • § 2952 If any parcel of land in the assessment district is assessed as owner unknown on the county assessment roll, no notice need be sent for such parcel unless the…
   • § 2953 In the absence of fraud no error in the mailing of the notices, and no failure of any person to receive the notices shall in any way affect the validity of the…
   • § 2954 The return postcards shall be filed in the clerk’s office and after the expiration of the 30-day period specified in the Notice of Proposed Assessment all…
   • § 2955 If the owners (as defined in the law under which it is proposed to proceed) of 15 per cent of the area of the proposed assessment district do not so demand the…
   • § 2956 If the owners of 15 per cent or more of the area of the proposed district so demand the making of such investigation, all provisions of this division shall…
8. PART 7.5. ALTERNATIVE PROCEEDINGS §§ 2960–2961 · 2 sections

   • § 2960 This part provides an alternative procedure for complying with the requirements of this division. This alternative procedure shall only be used by a…
   • § 2961 If a legislative body determines to proceed under this part in forming an assessment district pursuant to the Municipal Improvement Act of 1913 (Division 12…
9. PART 8. DETERMINATION OF TRUE VALUE § 2980 · 1 section

   • § 2980 (a) As used in this division, the “true value of parcels” and the “true value of each parcel” means the fair market value of the land and improvements thereon,…
10. PART 9. COSTS OF PROCEEDINGS §§ 2995–2996 · 2 sections

    • § 2995 If the improvement or acquisition is made, all or any part of the cost of the proceedings taken under this division may be included in the incidental expenses…
    • § 2996 In the event that any proceedings are abandoned by reason of protest filed pursuant to the provisions of Section 2930 hereof, or for any other reason, the cost…
11. PART 10. OBJECTIONS AND LIMITATIONS §§ 3010–3012 · 3 sections

    • § 3010 All objections to the form, contents, validity or sufficiency of the report on the project and all objections to the form, contents, validity or sufficiency of…
    • § 3011 All objections or protests relating to the validity of the proceedings had under this division, and not otherwise provided for in this division, shall be made…
    • § 3012 Any action, suit, or proceeding of any kind or nature in which the validity of any of the proceedings taken under this division is questioned or attacked, and…