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§ 349.1.Acts Or Proceedings Taken Under Color of Law For Formation, Organization, Incorporation, Etc. of City, County, City Or County, Etc.

Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Last amended 2044 · Last verified July 28, 2026

In one sentenceSection 349.1 gives a six-month deadline, from completion of the underlying acts, to contest the validity of a public entity’s formation, organization, incorporation, dissolution, consolidation, reorganization, or boundary change.

Full Text of § 349.1

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The validity of any acts or proceedings taken under color of law for the formation, organization, incorporation, dissolution, consolidation, change of organization or reorganization of, or for any change in the territorial boundaries of, any city, county, city and county, special district, public corporation or other public entity, or improvement district within any of the foregoing, shall not be contested in any action unless such action shall have been brought within six months from the date of completion of said acts or proceedings. Unless an action is commenced within said period all said acts or proceedings shall be held valid and in every respect legal and incontestable. This section shall not amend or repeal any existing statute prescribing a shorter period of limitation than that specified herein.

Plain-English Summary

Section 349.1 protects the finality of public entity formation and boundary decisions. It covers acts or proceedings taken under color of law for the formation, organization, incorporation, dissolution, consolidation, change of organization, reorganization, or territorial-boundary change of any city, county, city and county, special district, public corporation, other public entity, or an improvement district within one.

The validity of those acts can’t be contested in any action unless the action is brought within six months of the date the acts or proceedings were completed. If no action is filed in time, the formation, dissolution, or boundary change is held valid, legal, and incontestable in every respect. The section doesn’t override any other statute that sets a shorter period for the same kind of challenge.

Frequently Asked Questions

How long do I have to challenge the formation of a city or special district in California?

Six months from the date the formation acts or proceedings were completed, under § 349.1.

What happens if no one challenges a public entity’s formation within six months?

The formation, dissolution, or boundary change becomes valid, legal, and incontestable in every respect, unless another statute sets a shorter deadline.

Amendment History

Amended by Stats. 1965, Ch. 2044.

Source & verification. Section text is reproduced verbatim from the Deering's California Codes Annotated / vLex. Enacted by the California Legislature. Last verified July 28, 2026. · Official source
Also known as: validation action statute of limitations Californiachallenge formation of city or district deadline