California Government Code ARTICLE 4.5 - Alteration of Boundaries

  • Section 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 Article...
  • Section 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 clerk of a county...
  • Section 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 (commencing with Section...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 23238.
    A petition may consist of a single instrument or several counterparts.(Added by Stats. 1974, Ch. 1393.)
  • Section 23239.
    A petition may designate not more than three persons as chief petitioners setting forth their names and mailing addresses.(Added by Stats. 1974, Ch. 1393.)
  • Section 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...
  • Section 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.(Added by...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 23246.
    A resolution to initiate proceedings for a county boundary change shall contain the information required for a petition by Section 23234.(Added by Stats. 1974, Ch.
  • Section 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...
  • Section 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, and...
  • Section 23249.
    The commission shall determine:(a) An equitable distribution, as between the transferring county and the accepting county, of the indebtedness of each affected county.(b) The fiscal impact of...
  • Section 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 effected,...
  • Section 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 administrative...
  • Section 23252.
    The commission shall conduct a public hearing to receive information regarding its determinations, and to hear any protests and objections to the proposed county boundary...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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 subpoena...
  • Section 23260.
    Except as otherwise provided in this article, the commission may, in determining a fair, just and equitable distribution of the indebtedness of the transferring county...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 23265.
    If either board disapproves the proposed boundary change, no further proceedings shall be taken for that boundary change and no new proceedings for substantially the...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 23271.
    Ballots at the election shall contain the words “For the transfer of (description of territory) to (name of county accepting transferred territory) Yes,” and “For...
  • Section 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...
  • Section 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...
  • Section 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 territory...
  • Section 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...
  • Section 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...
  • Section 23277.
    Except as otherwise provided by this article, the election shall be conducted as other elections in the transferring county.(Added by Stats. 1974, Ch. 1393.)
  • Section 23278.
    The board of the transferring county shall appoint as election officers three representatives who reside in the affected county represented.(Added by Stats. 1974, Ch. 1393.)
  • Section 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) Seal up the...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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 following...
  • Section 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...
  • Section 23287.
    The transferring county shall continue to provide necessary services from the date the county boundaries are changed until service responsibilities and functions are transferred to...
  • Section 23288.
    Notwithstanding any other provision of law, no special district, which is organized within either affected county and governed by the board of supervisors thereof, shall...
  • Section 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 collection...
  • Section 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...
  • Section 23291.
    The county superintendent of schools of the transferring county shall furnish the county superintendent of schools of the accepting county with a certified copy of...
  • Section 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...
  • Section 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...
  • Section 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 district...
  • Section 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...
  • Section 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...

Last modified: October 22, 2018