Chapter 13. Determination Of Legality Of District of California Streets And Highways Code >> Division 9. >> Part 2. >> Chapter 13.
Any district, in order to determine the legality of its
existence, may institute a proceeding in the superior court of the
county.
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.
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.
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.
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.