23200-23221

GOVERNMENT CODE
SECTION 23200-23221




23200.  The Legislature finds and declares that the existing
boundaries of some counties no longer meet the needs of their
residents and landowners. The Legislature further finds and declares
that the statutory procedures for altering county boundaries which
existed before the enactment of this article were cumbersome and
discouraged county boards of supervisors from adjusting their mutual
boundaries. In enacting this article, it is the intent of the
Legislature to permit county boards of supervisors to approve changes
to the boundaries of their counties. This article shall be deemed a
uniform procedure for county boundary change as required by Section 1
of Article XI of the California Constitution.



23201.  As used in this article:
   (a) "Affected county" means any county which contains or would
contain territory which is the subject of a boundary change.
   (b) "Affected territory" means any unincorporated area which is
proposed to be transferred from one county to another.
   (c) "Conducting county" means any county whose board of
supervisors adopts a resolution pursuant to Section 23206.
   (d) "Inhabited territory" means territory within which there
reside 12 or more registered voters at the time a resolution is
adopted pursuant to Section 23203 or a petition is filed pursuant to
Section 23205.
   (e) "Initiating county" means any county whose board of
supervisors adopts a resolution pursuant to Section 23203.




23202.  A boundary line between counties shall not be changed,
pursuant to this article, if the change would result in any of the
following:
   (a) The line to be moved a distance of more than 5 miles from its
original location.
   (b) A reduction by more than 5 percent in the area of any affected
county.
   (c) A reduction by more than 5 percent of the population of any
affected county, as determined by the State Department of Finance's
most recent estimate of population.


23203.  The board of supervisors of any affected county may propose
to change the boundary line between that county and another county by
adopting a resolution which shall:
   (a) State that the proposal is made pursuant to this article and
request that proceedings be taken.
   (b) State the reasons for the proposal.
   (c) Set forth a description of the proposed new boundary line.
   (d) State whether or not the proposed new boundary line will be
more than 5 miles from its original location.
   (e) State whether or not the proposed new boundary line will
reduce the area of any affected county by more than 5 percent.
   (f) State whether or not the proposed new boundary line will
reduce the population of any affected county by more than 5 percent.
   (g) State whether or not the proposal affects inhabited territory.
   (h) Set forth any proposed terms and conditions to which the
proposed boundary change shall be subject, including, but not limited
to, the division of any county indebtedness or property.



23204.  The board of supervisors of the initiating county shall file
its resolution with the board of supervisors of the other affected
county.


23205.  (a) A proposal to change the boundary line of two counties
may be initiated by petition which shall contain all the matters
required to be contained in a resolution adopted pursuant to Section
23203. The petition shall also designate a chief petitioner.
   (b) A petition shall be signed by not less than 25 percent of the
resident-voters within the affected territory or by not less than 25
percent of the property owners within the affected territory who also
own not less than 25 percent of the assessed value of land and
improvements within the affected territory.
   (c) A petition may consist of a single instrument or separate
counterparts. Each signer of a petition shall add the date of signing
to his or her signature. A signature by a resident-voter shall be
accompanied by the address of the voter. A signature by a property
owner shall be accompanied by a description sufficient to identify
the property owned.
   (d) A petition shall be filed with the board of supervisors of any
affected county. No petition shall be accepted for filing unless the
signatures have been secured within 90 days of the date on which the
first signature was affixed.
   (e) Within 30 days of the receipt of a petition, the clerk of the
board of supervisors shall determine whether the petition is signed
by the required number of signatures. If the petition does not
contain the required number of signatures, the clerk of the board of
supervisors shall return the petition to the chief petitioner. If the
petition contains the required number of signatures, the board of
supervisors shall conduct proceedings pursuant to this article.



23206.  Within 30 days of receiving a resolution adopted pursuant to
Section 23203 or of determining that a petition filed pursuant to
Section 23205 has been signed by the required number of signatures,
the board of supervisors shall adopt a resolution which shall:
   (a) Set a time, date, and place of hearing on the proposal which
shall be not less than 30 days nor more than 60 days from the date of
adoption of the resolution setting the hearing.
   (b) State that any person may appear and be heard at the hearing.
Any person desiring to protest against the proposal may file a
written protest with the board of supervisors. Any written protest by
a resident-voter shall contain the address of the voter. Any written
protest by a property owner shall contain a description sufficient
to identify the property owned.



23207.  The board of supervisors of the conducting county shall give
notice of the hearing by each of the following:
   (a) Notice shall be published pursuant to Section 6061 in one or
more newspapers of general circulation within the affected territory
and within each affected county. Publication shall commence at least
15 days before the date set for the hearing.
   (b) Notice shall be mailed to the board of supervisors of the
other affected county, to each special district and school district
which includes the affected territory within its boundaries, to the
local agency formation commission of each affected county, and to
each person who has filed a written request for special notice.



23208.  The hearing on the proposed boundary change shall be held by
the board of supervisors of the conducting county on the date and at
the time specified in the resolution adopted pursuant to Section
23206. The board of supervisors of the conducting county may hold the
hearing jointly with the board of supervisors of the other affected
county. At the hearing, the board of supervisors shall hear testimony
from interested persons and receive any oral or written protests.
Any person who filed a written protest may withdraw it at any time
before the conclusion of the hearing. The hearing may be continued
from time to time, not to exceed 45 days from the date specified in
the resolution.


23209.  At the conclusion of the hearing, the board of supervisors
of the conducting county shall adopt a resolution abandoning the
proposed boundary change if:
   (a) In the case of inhabited territory, more than 50 percent of
the resident-voters in the affected territory have filed and not
withdrawn written protests before the conclusion of the hearing.
   (b) In the case of uninhabited territory, more than 50 percent of
the property owners who own more than 50 percent of the value of the
land and improvements in the affected territory have filed and not
withdrawn written protests before the conclusion of the hearing.
   (c) In the case of either inhabited or uninhabited territory, the
board of supervisors of either affected county has filed and not
withdrawn a written protest before the conclusion of the hearing.



23210.  (a) Not later than 30 days after the conclusion of the
hearing, if a proposed boundary change has not been abandoned
pursuant to Section 23209, the board of supervisors of each affected
county shall adopt substantially similar ordinances approving the
proposed boundary change.
   (b) The ordinances shall declare that the proposal meets each of
the conditions of Section 23202. The ordinances shall specify any
terms and conditions to which the boundary change is subject,
including, but not limited to, a division of any county debt or
property. In addition, the ordinances shall state the effective date
of the boundary change. The ordinances shall be adopted by majority
vote of each board of supervisors.
   (c) If, in the case of inhabited territory, more than 25 percent,
but not more than 50 percent, of the resident-voters in the affected
territory have filed and have not withdrawn written protests before
the conclusion of the hearing, the board of supervisors of each
affected county shall provide that their ordinances are subject to
confirmation by the voters in the affected territory. The election
shall be conducted in accordance with the procedures of the Elections
Code relating to county referendum elections regarding the
qualifications of voters, the manner of voting, the form of the
ballot, the duties of precinct and election officers, the canvassing
of returns, and all other particulars.
   (d) After the canvass of the returns of any election on the
proposed boundary change conducted pursuant to subdivision (c), the
board of supervisors of the conducting county shall declare by
resolution the total number of votes cast in the election and the
number of votes cast for and against the proposed boundary change. If
a majority of the votes were cast against the proposed boundary
change, then the ordinances adopted pursuant to subdivision (a) shall
not take effect. If a majority of the votes were cast in favor of
the proposed boundary change, then the ordinances shall take effect,
as provided.



23211.  Each county shall continue to provide services to the
territory within its own boundaries until the effective date of the
boundary change as specified in the ordinances adopted pursuant to
Section 23210.


23212.  When a county boundary is changed pursuant to this article,
the boards of supervisors of the affected counties shall file before
the following December 1, with the State Board of Equalization and
with the assessors of the affected counties, a statement setting
forth the legal description of the boundary, as changed, together
with a map or plat indicating the boundary. The change of the
boundary shall not be effective for purposes of assessment or
taxation unless the statement, together with the map or plat is filed
with the assessors and the State Board of Equalization on or before
December 1 of the year immediately preceding the year in which the
assessments or taxes are to be levied.



23213.  All taxes levied before the effective date of the boundary
change shall be collected by the officers of and belong to the county
in which the affected territory was situated before the boundary
change, unless the ordinances adopted pursuant to Section 23210
provide otherwise.



23214.  After the effective date of the boundary change, the
officers of the affected counties shall complete all proceedings
necessary for the assessment or collection of state and local taxes
for the current year with respect to the affected territory. Subject
to Section 23213, all actions taken by the officers of the affected
county before the effective date of the boundary change shall be
deemed performed by the officers of the county in which the affected
territory is situated after the effective date of the boundary
change, for the benefit of that county.



23215.  The officers of an affected county shall immediately execute
and deliver to the board of supervisors of the other affected county
copies of all assessments or other proceedings relative to the
assessment and collection of the current state and local taxes in the
affected territory. The copies shall be filed with the respective
officers of the affected counties who would have their custody if the
proceedings had been originally had in that county and shall be
deemed originals. All proceedings recited in the copies shall be
deemed original proceedings in the other affected county and shall
have the same effect as if the proceedings had been had at the proper
time and in the proper manner by the respective officials of that
county.



23216.  The county superintendent of schools of an affected county
shall furnish the superintendent of the other affected county with a
certified copy of the last school census of the school districts in
the affected territory. A county superintendent of schools shall
transfer to the superintendent of the other affected county any money
that is or may be due to the school districts in the affected
territory.



23217.  The auditor of an affected county shall transfer to the
auditor of the other affected county any money that is or may be due
to the other affected county from road districts in the affected
territory. The money shall be properly credited in each county.




23218.  No school district and no special district, including a
special district which is governed by a board of supervisors or whose
governing body is the same as the board of supervisors, shall have
its territory divided or have its organization changed in any other
way as the result of a county boundary change except by proceedings
taken pursuant to law subsequent to the boundary change.



23219.  If the affected counties are located in different district
court of appeals districts, the district court of appeals district
which includes the affected territory shall retain jurisdiction in
all cases pending in a session of that court.




23220.  On and after the effective date of the boundary change, the
superior court in each affected county shall retain jurisdiction in
all cases pending in a session of that court.



23221.  Any action to determine the validity of any minor change to
the boundaries of a county pursuant to this article shall be brought
pursuant to Chapter 9 (commencing with Section 860) of Title 10 of
Part 2 of the Code of Civil Procedure.