Code Section Group

Water Code - WAT


  ( Division 21 added by Stats. 1965, Ch. 75. )


  ( Part 7 added by Stats. 1965, Ch. 75. )

CHAPTER 3. Benefit Assessment Improvement Districts [75170 - 75231]

  ( Chapter 3 added by Stats. 1965, Ch. 75. )

ARTICLE 2. Hearing and Formation [75190 - 75196]
  ( Article 2 added by Stats. 1965, Ch. 75. )


After the filing of the plans, specifications, estimate, and statement and assessment, the board shall give notice of a hearing upon the formation petition and whether a special assessment shall be levied upon the lands within the improvement district for the purpose of raising money to pay for the improvements, as set forth in the petition, plans, specifications, and statement and assessment.

(Added by Stats. 1965, Ch. 75.)


Notice of the hearing shall be given by posting a notice thereof in three public places within the proposed improvement district, by publishing the notice once a week for two weeks in some newspaper published in the county in which the office of the district is situtated, and by mailing a copy thereof to the last known address of all the owners of lands in the improvement district, as such addresses appear in the formation petition.

The notice shall be posted and mailed not less than 20 days prior to the date set for the hearing.

(Added by Stats. 1965, Ch. 75.)


At the hearing the board shall hear such objections to the formation petition, to the formation of the improvement district and its boundaries, to the plans, specifications, and estimates, and to the proposed assessment and the apportionment thereof as may come before it, and shall make such changes in reference thereto as it may consider proper.

(Added by Stats. 1965, Ch. 75.)


The board may exclude any part or portion of the lands described in the formation petition from the improvement district, and may include additional lands.

If any additional lands are included in the proposed improvement district, the hearing of the petition shall be continued and the owners of the added lands shall be given not less than 20 days’ personal notice of the addition of such lands to the improvement district.

(Added by Stats. 1965, Ch. 75.)


If more than one-third of the holders of title or evidence of title of lands within the proposed improvement district object, at the hearing, to the formation of the improvement district and the levy of the proposed assessment, the board shall deny the petition and no further proceeding shall be had thereon.

(Added by Stats. 1965, Ch. 75.)


At the conclusion of the hearing, if the board determines that the improvement district should be formed and assessments levied to pay the costs of the proposed improvement, it shall make a final order approving the formation petition, the improvement district assessment, and the apportionment thereof.

(Added by Stats. 1965, Ch. 75.)


The order shall be entered in the minutes of the board and a copy thereof shall be recorded in the office of the county recorder of each county in which any of the lands of the improvement district are located.

(Added by Stats. 1965, Ch. 75.)

WATWater Code - WAT2.