SECTIONS 55150-55162 - California Statutes

WATER CODE

SECTION 55150-55162

55150. Any person interested, including any freeholder or qualified
voter resident within the proposed district or the owner of any real
or personal property located in the proposed district, objecting to
the formation of the district, to the extent of the district, to the
proposed improvement, or to the inclusion of his property in the
district, may file a written protest, setting forth his objections,
with the clerk of the board of supervisors at or before the time set
for the hearing of the petition.

55151. The clerk of the board of supervisors shall endorse on each
protest the date of its receipt and, at the time appointed for the
hearing, shall present to the board all protests filed with him.

55152. The board shall hear and pass upon the petition and protests
at the time appointed, or at any time to which the hearing may be
adjourned, and its decision thereon shall be final and conclusive. If
protests are made to the formation of the proposed district or to
the proposed improvement by any of the qualified voters of the
proposed district as of the date of the petition or by the owners of
any property which will be subject to taxation for district purposes
if the proposed district is formed, then, notwithstanding the denial
of any of such protests by the board of supervisors or the fact that
the petition is signed by all of the owners of the real property
within the proposed district, the board of supervisors shall, if it
acquires jurisdiction pursuant to Section 55160, call an election
pursuant to Section 55180.

55153. If any of the protests against the formation of the district
or against the proposed improvement is sustained, no further
proceedings shall be had or taken pursuant to the petition, but a new
petition for the same or a similar purpose may be filed at any time.

55154. If any of the protests are against the extent of the
district or against the inclusion of property in the district, the
board of supervisors may make such changes in the boundaries of the
proposed district as it finds to be proper and advisable and shall
define and establish boundaries as changed.

55155. The board of supervisors shall not modify the boundaries so
as to exclude from the proposed district any territory which will be
benefited by the improvement, and any territory which will not, in
the judgment of the board, be benefited by the improvement shall not
be included within the proposed district.

55156. The board of supervisors shall not modify the boundaries
except after notice of such intention is published pursuant to
Section 6061 of the Government Code in a newspaper of general
circulation printed and published in the county and designated by the
board for that purpose, describing the proposed modification, and
specifying a time for hearing objections to the modification, which
time shall be at least 10 days after the publication of the notice.

55157. Written objections to the proposed modification may be filed
with the clerk of the board of supervisors by any interested person
at or before the time set for hearing the objections.

55158. The board of supervisors shall hear and pass upon the
objections to the proposed modification at the time appointed, or at
any time to which the hearing may be adjourned, and its decision
thereon shall be final and conclusive.

55159. If any objection is sustained, no further proceedings
pursuant to the petition shall be taken, but a new petition for the
same or a similar purpose may be filed at any time.

55160. The board of supervisors shall be deemed to have acquired
jurisdiction to proceed further with respect to the formation of a
district under any of the following circumstances:
(a) If no protests to the formation of the district are filed at
or before the time set for hearing on the formation petition.
(b) If protests are filed and, after hearing, are denied.
(c) If modification of the boundaries of the district is proposed
and no objections thereto are filed at or before the time set for
hearing objections.
(d) If objections to the modification are filed, and after
hearing, are denied.

55161. If the board of supervisors determines that the formation
petition was signed by all of the owners of the real property in the
proposed district and if protests are not made to the formation of
the proposed district by any of the qualified voters of the proposed
district as of the date of the petition or by the owners of any
property which will be subject to taxation for district purposes if
the proposed district is formed, and if there are no other good and
sufficient protests to the formation of the district or if there is
no other cause for denying the petition, then the board of
supervisors may declare the district formed and direct the issuance
of bonds as provided for in the petition.

55162. Notwithstanding anything in this division to the contrary,
if the board of supervisors finds that protests have been made, prior
to the close of the hearing for the formation of the district, by
the owners of real property within the proposed district the assessed
value of which as shown by the last equalized assessment roll
constitute more than one-half of the district's assessed value of the
real property within the proposed district or by the owners of more
than one-half of the total acreage within the proposed district, the
proceedings shall terminate.