Duntley

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…