Repealed and added by Stats. 1974, Ch. 1392.
New counties may be formed and created from portions of one or more existing counties solely pursuant to the provisions of this chapter.
Article 1 - General Provisions
California Government Code — §§ 23300-23310
Sections (7)
Amended by Stats. 1985, Ch. 702, Sec. 3.
As used in this chapter:
(a)“Affected county” means each county from which territory is proposed to be transferred to create a new county.
(b)“Approved county” means the territory to be included in a new county after the registered voters in the affected county or counties have approved the creation of such a new county at a primary election, pursuant to Article 4 (commencing with Section 23350), but before an election is held for purposes of determining the location of the county seat and the selection of county officers for such new county, pursuant to Article 4.5 (commencing with Section 23374.1).
(c)“Clerk” means the clerk of a county board of supervisors. Where the office of clerk of the board is separate from the office of registrar of voters, “clerk” means the registrar of voters with respect to all duties pertaining to the conduct of elections and the certification of petitions and clerk of the board with respect to all other duties specified in this chapter.
(d)“Commission” means the County Formation Review Commission.
(e)“Indebtedness” means the net obligations of a county arising from contract or through the operation of law, other than short-term operational expenses, but including and not limited to obligations arising under general obligation bonds, leases, joint powers agreements, and similar obligations or contracts entered into by the county prior to the date on which a petition is filed. Net obligation shall be deemed to mean the gross obligation outstanding after deduction of offsetting revenues, other than tax revenues.
(f)“Principal county” means the county from which it is proposed that territory with the greatest proportion of assessed value, as shown on the last equalized assessment roll, relative to the total amount of taxable property within the boundaries of a proposed county, is to be transferred to create, in part, that proposed county.
(g)“Contiguous” means territory which adjoins the boundary line of the proposed county.
Added by Stats. 2010, Ch. 699, Sec. 4.5. (SB 894) Effective January 1, 2011.
Any action to determine the validity of the formation of a county pursuant to this chapter shall be brought pursuant to Chapter 9 (commencing with Section 860) of Title 10 of Part 2 of the Code of Civil Procedure.
Repealed and added by Stats. 1974, Ch. 1392.
A proposed county shall not be created if:
(a)The population of any affected county shall be reduced to less than 20,000.
(b)The population of the proposed county shall be less than 10,000.
(c)The area of any affected county will be reduced to less than 1,200 square miles.
The most recent federal decennial census shall be used for purposes of determining population.
Added by Stats. 1976, Ch. 1143.
Notwithstanding the provisions of subdivision (c) of Section 23306, a county may be created from the territory of Nevada County provided that the territory which is proposed to be transferred from such county does not exceed 25 percent of the total territory of such county.
Added by Stats. 1974, Ch. 1392.
No boundary line of a proposed county shall pass through or divide the territory of any incorporated city.
Added by Stats. 1974, Ch. 1392.
Proceedings under this chapter shall not be subject to the provisions of Chapter 6.6 (commencing with Section 54773) of Part 1 of Division 2 of Title 5, relating to local agency formation commissions.