Section 23254 Of Article 4.5. Alteration Of Boundaries From California Government Code >> Division 1. >> Title 3. >> Chapter 2. >> Article 4.5.
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 uninhabited territory proposed to be transferred.
If the territory proposed to be transferred is uninhabited, the
commission shall hear and pass upon all protests so made:
(a) If privately owned property and no publicly owned property is
proposed to be transferred, further proceedings shall not be taken if
protest is made by private owners of one-half of the value of the
uninhabited territory proposed to be transferred. The value given
such property for protest purposes shall be that shown on the last
equalized assessment roll if the property is not exempt from
taxation. If the property is exempt from taxation, its value for
protest purposes shall be determined by the county assessor in the
same amount as he would assess such property if it were not exempt
from taxation.
(b) If privately owned property and publicly owned property are
proposed to be transferred in the same proceeding, further
proceedings shall not be taken if protest is made by public and
private owners of one-half of the value of the uninhabited territory.
The value given privately owned property shall be determined
pursuant to subdivision (a) of this section. The value given publicly
owned property for protest purposes shall be determined by the
county assessor in the same manner as is provided in subdivision (a)
of this section for privately owned property, exempt from taxation.
(c) The value for protest purposes to be given property held in
joint tenancy or tenancy in common shall be determined by the
commission in proportion to the proportionate interest of the
protestant in such property.
(d) When property is subject to a written recorded agreement to
buy, the purchaser under the agreement may protest and the seller may
not even though he is shown as the owner on the last equalized
assessment roll.
Determinations of the value of publicly owned property, or
privately owned property exempt from taxation by the county assessor
for protest purpose shall be obtained from the assessor by the
protestant and submitted to the commission with the written protest.