PART 2. FORMATION [50300. - 50442.]
Part 2 added by Stats. 1951, Ch. 336.
§§ 50300–50442 · 33 sections
CHAPTER 1. Petition §§ 50300–50335 · 19 sections
ARTICLE 1. Form and Publication §§ 50300–50303 · 4 sections
- § 50300 A petition for the formation of a district, verified by the affidavit of one of the petitioners, may be presented to the board of supervisors at a regular…
- § 50301 The petition shall state that petitioners desire to reclaim the land, or that the land has been reclaimed, or that the reclamation is in progress, and shall…
- § 50302 The petition shall be published once a week for two weeks preceding the hearing thereof in a newspaper of general circulation published in the principal county…
- § 50303 An affidavit of publication shall be filed with the petition.
ARTICLE 2. Approval §§ 50310–50318 · 9 sections
- § 50310 If the board of supervisors finds, on the hearing of the petition, that the statements therein are correct, it shall make an order approving the petition.
- § 50311 If it is shown that any land is improperly included in the proposed district, the board of supervisors shall, in its order, exclude the same therefrom.
- § 50312 If the board of supervisors concludes that lands susceptible of the same mode of reclamation are improperly omitted from the proposed district, and the owners…
- § 50313 The notice to nonappearing landowners shall be given either by publication in the same manner and for the same period as the orginal petition, or by personal…
- § 50314 If the notice is given by personal service, the service shall be made at least three days prior to the date fixed for the further hearing.
- § 50315 Proof of publication or personal service of the notice shall be filed with the clerk of the board of supervisors on or before the day to which the hearing is…
- § 50316 The board of supervisors may further continue the hearing from time to time, by order entered upon its minutes, to the end that a full hearing may be had.
- § 50317 Upon the final hearing on the petition the board of supervisors shall make an order approving the petition, as originally presented, or in a modified form.
- § 50318 The order, signed by the chairman of the board of supervisors, and attested by the clerk thereof, shall describe the exterior boundaries of the district, as…
ARTICLE 3. Filing and Recording §§ 50330–50335 · 6 sections
- § 50330 The petition, with the order of the board of supervisors endorsed thereon or attached thereto, shall be recorded by the county recorder.
- § 50331 When a district is situated partly in different counties, the board, after the petition has been granted, shall forward a copy of the petition and the order…
- § 50332 A copy of the petition and order of the board of supervisors approving the same, certified by the county clerk, shall be forwarded to the State Lands…
- § 50333 The State Lands Commission, upon the receipt of a copy of a petition, or certificate of the county clerk that a district has been formed, shall number the…
- § 50334 The county recorder, upon receipt of the notice from the State Lands Commission, shall record the same, and the district shall thereafter be known and…
- § 50335 Districts organized before May 28, 1868, may retain their respective numbers.
CHAPTER 2. Organization §§ 50370–50374 · 7 sections
- § 50370 The owners of a majority of the acreage in the district may adopt bylaws, not inconsistent with the laws of the state, for the government and control of the…
- § 50370.2 As an alternative to the adoption of bylaws by the owners, the board may adopt bylaws, not inconsistent with the laws of the state, for the government and…
- § 50370.4 The notice of public hearing shall be posted in at least three conspicuous places within the district for at least 15 days prior to the date of the public…
- § 50370.6 At the public hearing held on the bylaws proposed to be so adopted, the board shall receive any comments or proposals concerning the proposed bylaws, and may…
- § 50371 When the bylaws have been adopted they shall be filed for record with the county recorder.
- § 50373 By-laws may be amended in the same manner as adopted.
- § 50374 A board of trustees shall be elected as provided in Chapter 1 (commencing with Section 50600) of Part 3 of this division unless the district is formed to…
CHAPTER 3. Districts Formed to Operate Without a Board §§ 50400–50403 · 4 sections
- § 50400 When any land, susceptible of one mode of reclamation, is entirely owned by parties who desire to reclaim the land, and to manage the reclamation without a…
- § 50401 When the petition is granted, the district is organized and the owners of the lands have all the rights, immunities, privileges, and duties granted to boards…
- § 50402 The existence of a district formed to operate without a board shall not prevent the owners of the land included therein from forming a district to operate with…
- § 50403 The presentation of a petition for formation of a district to operate with a board is an abandonment of the rights, immunities, and privileges conferred upon…
CHAPTER 4. Validating Proceedings §§ 50440–50442 · 3 sections
- § 50440 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…
- § 50441 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…
- § 50442 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,…