2010 California Code
Government Code
Article 1. General Provisions

23300.  New counties may be formed and created from portions of one
or more existing counties solely pursuant to the provisions of this
chapter.


23301.  As used in this chapter:
   (a) "Affected county" means each county from which territory is
proposed to be transferred to create a new county.
   (b) "Approved county" means the territory to be included in a new
county after the registered voters in the affected county or counties
have approved the creation of such a new county at a primary
election, pursuant to Article 4 (commencing with Section 23350), but
before an election is held for purposes of determining the location
of the county seat and the selection of county officers for such new
county, pursuant to Article 4.5 (commencing with Section 23374.1).
   (c) "Clerk" means the clerk of a county board of supervisors.
Where the office of clerk of the board is separate from the office of
registrar of voters, "clerk" means the registrar of voters with
respect to all duties pertaining to the conduct of elections and the
certification of petitions and clerk of the board with respect to all
other duties specified in this chapter.
   (d) "Commission" means the County Formation Review Commission.
   (e) "Indebtedness" means the net obligations of a county arising
from contract or through the operation of law, other than short-term
operational expenses, but including and not limited to obligations
arising under general obligation bonds, leases, joint powers
agreements, and similar obligations or contracts entered into by the
county prior to the date on which a petition is filed. Net obligation
shall be deemed to mean the gross obligation outstanding after
deduction of offsetting revenues, other than tax revenues.
   (f) "Principal county" means the county from which it is proposed
that territory with the greatest proportion of assessed value, as
shown on the last equalized assessment roll, relative to the total
amount of taxable property within the boundaries of a proposed
county, is to be transferred to create, in part, that proposed
county.
   (g) "Contiguous" means territory which adjoins the boundary line
of the proposed county.



23302.  Any action to determine the validity of the formation of a
county pursuant to this chapter shall be brought pursuant to Chapter
9 (commencing with Section 860) of Title 10 of Part 2 of the Code of
Civil Procedure.


23306.  A proposed county shall not be created if:
   (a) The population of any affected county shall be reduced to less
than 20,000.
   (b) The population of the proposed county shall be less than
10,000.
   (c) The area of any affected county will be reduced to less than
1,200 square miles.
   The most recent federal decennial census shall be used for
purposes of determining population.


23306.5.  Notwithstanding the provisions of subdivision (c) of
Section 23306, a county may be created from the territory of Nevada
County provided that the territory which is proposed to be
transferred from such county does not exceed 25 percent of the total
territory of such county.



23309.  No boundary line of a proposed county shall pass through or
divide the territory of any incorporated city.



23310.  Proceedings under this chapter shall not be subject to the
provisions of Chapter 6.6 (commencing with Section 54773) of Part 1
of Division 2 of Title 5, relating to local agency formation
commissions.