Duntley v. City of Camarillo

FILES, P. J. This proceeding in mandamus was brought [794]by plaintiffs to compel defendants to terminate certain proceedings which were then pending for the annexation of uninhabited territory. After a hearing in which the only contested issue involved the effect of the 1963 amendment to subdivision (b) of section 35313 of the Government Code (Stats. 1963, ch. 1082, §1, p. 2544), judgment was entered for defendants. Plaintiffs appeal from that judgment.

In accordance with provisions for the annexation of uninhabited territory (Gov. Code, § 35300 et seq.) the defendant city seeks to annex property known as the City of Camarillo Annexation No. 1 (Revised). The assessed value of the privately owned property within the territory proposed to be annexed is $566,840. The territory also includes publicly owned property which, if privately owned, would have an assessed value of $111,017.

At the time set for hearing protests, plaintiffs, as the private owners of property having an assessed value of $310,510, protested the annexation. No other protests were made. It thus appears that the assessed value of the protesters’ property was more than one-half of the value of the privately owned property in the territory proposed to be annexed, but less than half of the value of the entire territory.

Government Code section 35313, as amended in 1963, states in pertinent part:

" At the time set for hearing protests, or to which the hearing may have been continued, the legislative body shall hear and pass upon all protests so made:

(a) If privately owned property and no publicly owned property is proposed to be annexed, further proceedings shall not be taken if protest is made by private owners of one-half of the value of the territory proposed to be annexed. The value given such property for protest purposes shall be that shown on the last equalized assessment roll if the property is not exempt from taxation. If the property is exempt from taxation, its value for protest purposes shall be determined by the county assessor in the same amount as he would assess such property if it were not exempt from taxation.

(b) If privately owned property and publicly owned property are proposed to be annexed in the same proceeding, further proceedings shall not be taken if protest is made by public and private owners of one-half of the value of the territory. The value given privately owned property shall be determined pursuant to subdivision (a) of this section. The value given publicly owned property for protest purposes