2005 California Health and Safety Code Sections 33500-33504 Article 1. Actions Involving Redevelopment Plans or Bonds ..

HEALTH AND SAFETY CODE
SECTION 33500-33504

33500.  No action attacking or otherwise questioning the validity of
any redevelopment plan, or amendment to a redevelopment plan, or the
adoption or approval of such plan, or amendment, or any of the
findings or determinations of the agency or the legislative body in
connection with such plan shall be brought prior to the adoption of
the redevelopment plan nor at any time after the elapse of 60 days
from and after the date of adoption of the ordinance adopting or
amending the plan.
   The amendments made to this section at the 1977-78 Regular Session
of the Legislature do not represent a change in, but are declaratory
of, existing law.
33501.  (a) An action may be brought pursuant to Chapter 9
(commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure to determine the validity of bonds and the
redevelopment plan to be financed or refinanced, in whole or in part,
by the bonds, or to determine the validity of a redevelopment plan
not financed by bonds, including without limiting the generality of
the foregoing, the legality and validity of all proceedings
theretofore taken for or in any way connected with the establishment
of the agency, its authority to transact business and exercise its
powers, the designation of the survey area, the selection of the
project area, the formulation of the preliminary plan, the validity
of the finding and determination that the project area is
predominantly urbanized, and the validity of the adoption of the
redevelopment plan, and also including the legality and validity of
all proceedings theretofore taken and (as provided in the bond
resolution) proposed to be taken for the authorization, issuance,
sale and delivery of the bonds and for the payment of the principal
thereof and interest thereon.
   (b) For the purposes of protecting the interests of the state, the
Department of Finance is an interested person pursuant to Section
863 of the Code of Civil Procedure in any action brought with regard
to the validity of an ordinance adopting a redevelopment plan
pursuant to this section.
   (c) For purposes of contesting the inclusion in a project area of
lands that are enforceably restricted, as that term is defined in
Sections 422 and 422.5 of the Revenue and Taxation Code, or lands
that are in agricultural use, as defined in subdivision (b) of
Section 51201 of the Government Code, the Department of Conservation,
the county agricultural commissioner, the county farm bureau, the
California Farm Bureau Federation, and agricultural entities and
general farm organizations that provide a written request for notice,
are interested persons pursuant to Section 863 of the Code of Civil
Procedure, in any action brought with respect to the validity of an
ordinance adopting a redevelopment plan pursuant to this section.
33501.5.  In any judicial action specified in Section 33501 in which
the validity of actions of the agency under Section 33334.2,
33334.3, or 33334.6 are in issue, the party initiating the judicial
action or otherwise challenging the validity of those actions of the
agency shall serve a copy of the complaint or answer alleging that
invalidity upon the Director of Housing and Community Development
within 10 days after filing that complaint or answer with the court.
The court may render no judgment in the matter or provide other
permanent or provisional relief to any party until proof of service
of the Director of Housing and Community Development pursuant to this
section has been submitted to the court.  Nothing in this section
shall be deemed to expand the scope of Section 33501.
33502.  The judgment shall determine the validity or invalidity,
respectively, of the matters specified in Section 33501.  The
judgment shall be subject to being reopened under Section 473 or
Section 473.5 of the Code of Civil Procedure or otherwise only within
90 days after the entry of the judgment and petitioner and any
person who has appeared in the special proceeding shall have the
right to move for a new trial under proper circumstances and upon
appropriate grounds and to appeal from the judgment.
33503.  The judgment, if no appeal is taken, or if taken and the
judgment is affirmed shall be forever binding and conclusive, as to
all matters therein adjudicated or which at that time could have been
adjudicated, against the agency and against all other parties and if
the judgment determines that the agency is lawfully established,
that the redevelopment plan is valid and effective, that the agency
is authorized to issue such bonds and that such bonds when issued
will be valid, the judgment shall permanently enjoin the institution
by any person of any action or proceeding raising any issue as to
which the judgment is binding and conclusive.
33504.  Other actions by obligees are authorized by Sections 33660
and 33661.


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