Article 6. Exclusion of California Health And Safety Code >> Division 5. >> Part 3. >> Chapter 4. >> Article 6.
Any portion of a district that will not be benefited by
remaining in the district may be excluded as provided in this
A petition to exclude territory shall be signed by 50 or more
freeholders in the portion proposed to be excluded from the
district, or by a majority of the freeholders, if there are less than
one hundred freeholders in the portion proposed to be excluded. The
petition shall request the exclusion of that territory from the
district on the ground that it will not be benefited by remaining in
As an alternative to the procedure outlined in Section
4906, the board may by resolution entered in its minutes fix a time
for a hearing on the question of the exclusion of any portion of a
district which will not be benefited by remaining in the district.
The time fixed for the hearing shall not be less than 15 or more than
30 days from and after passage of the resolution.
Upon receiving a petition to exclude territory the board
shall fix a time for hearing it and for hearing protests to the
continuance of the remaining territory as a district. The time of
hearing shall not be less than fifteen nor more than thirty days
after the receipt of the petition.
At least ten days prior to the time fixed, the board shall
publish a notice of the hearing by one insertion in the newspaper
circulated in the district that the board deems most likely to give
notice to the district's inhabitants of the proposed exclusion.
Any person interested may appear at the hearing and object to
the exclusion of the territory from the district, or may object to
the continuance of the remaining territory as a district, and the
board shall consider all objections and shall pass upon them.
If the board finds that the territory proposed to be excluded
will not be benefited by remaining in the district, and that the
territory not proposed to be excluded will be benefited by continuing
as a district, it shall by resolution declare the district
re-established excluding therefrom the territory found not benefited
by remaining in the district.
Upon the exclusion of any territory from the district all
property acquired for the district shall remain vested in the county
and be used for the purposes of the district.