Section 2808.7 Of Part 1. General Provisions From California Streets And Highways Code >> Division 4. >> Part 1.
2808.7
. This division does not apply to proceedings commenced
before or after January 1, 1985, for the construction or acquisition,
or both, of flood control and drainage works, including the
acquisition of rights-of-way and easements necessary in connection
with those improvements, if the chief engineer of a city, county, or
flood control district exercising flood control powers over the
majority of the area to be protected by the proposed flood control or
drainage works finds the works to be necessary to protect life and
property from injury and damage from flooding as a result of a
100-year design storm and that finding is made in writing and spread
upon the minutes of the legislative body conducting the proceedings,
and if that necessity is also found to exist by resolution adopted by
the affirmative vote of four-fifths of the members thereof. The
finding made by the legislative body pursuant to this section shall
be final and conclusive upon all persons in the absence of actual
fraud.