Code Section Group

Streets and Highways Code - SHC

DIVISION 9. CHANGE OF GRADE AND VACATION [8000 - 8363]

  ( Division 9 added by Stats. 1941, Ch. 79. )

PART 2. SEPARATION OF GRADE DISTRICTS [8100 - 8297]

  ( Part 2 added by Stats. 1949, Ch. 1147. )

CHAPTER 13. Determination of Legality of District [8265 - 8269]
  ( Chapter 13 added by Stats. 1949, Ch. 1147. )

8265.
  

Any district, in order to determine the legality of its existence, may institute a proceeding in the superior court of the county.

(Added by Stats. 1949, Ch. 1147.)

8266.
  

The proceeding is instituted by filing with the clerk of the court a complaint setting forth:

(a) The name of the district.

(b) Its exterior boundaries.

(c) The date of its organization.

(d) A prayer that the district be judged legally formed under this part.

(Amended by Stats. 2002, Ch. 784, Sec. 591. Effective January 1, 2003.)

8267.
  

The summons shall be addressed generally to all persons interested in the district, or in any of the lands contained in the district, and shall be served by publishing a copy once a week for four weeks in a newspaper of general circulation published in the county.

(Added by Stats. 1949, Ch. 1147.)

8268.
  

Within 30 days after the last publication of summons, any person interested may appear and answer the complaint. The answer shall set forth the facts relied upon to show the invalidity of the district. If no answer is filed within the time allowed the court shall render judgment as prayed for in the complaint. If an answer is filed the court shall proceed as in other civil cases. The proceeding is in rem and the judgment rendered is conclusive against all persons who could have appeared in the action and against the State.

(Added by Stats. 1949, Ch. 1147.)

8269.
  

If any provision of this part is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this part. The Legislature hereby declares that it would have passed each provision of this part irrespective of the fact that any one or more such provisions be declared unconstitutional.

(Added by Stats. 1949, Ch. 1147.)

SHCStreets and Highways Code - SHC