Article 3. Hearing And Formation of California Water Code >> Division 21. >> Part 7. >> Chapter 2. >> Article 3.
At the hearing, any person interested, including persons
owning property within the proposed special improvement district, may
appear and present any matters material to the matters set forth in
the resolution of intention.
The board may exclude from the proposed special improvement
district any territory that, in its opinion, would not be benefited
by being in the proposed special improvement district.
Lands not included in the original resolution of intention
shall not be included within the proposed special improvement
district except at a hearing held by the board on the inclusion
thereof, after notice of such hearing has been duly given in the
manner provided for the principal hearing.
The board shall not modify the boundaries of the proposed
special improvement district so as to exclude therefrom any land
which would be benefited by the formation thereof, nor shall it
include therein land which will not, in the judgment of the board, be
benefited.
If protest has been made, prior to its final determination
for formation of the district, by the owners of land (or by the
owners of real property, in the event of the applicability of the
provision of Section 74056) within the proposed special improvement
district the assessed value of which, as shown by the last equalized
assessment roll, constitutes more than one-half of the total assessed
value of the land or real property, as the case may be, within the
proposed special improvement district, the board shall so find and
the proceeding shall terminate. The board shall order the proceeding
terminated when such protests are received.
At the conclusion of the hearing, after making all necessary
and proper changes in the boundaries, the board shall, by
resolution, form the special improvement district and fix and
determine its boundaries.
The determination of the board as to the area benefited by the
bond or other proceedings shall be final and conclusive.