In the event the governing bodies of the town and county cannot reach a voluntary agreement as to future annexation rights, the town may, by ordinance duly adopted by a majority vote of its governing body, petition the Commission on Local Government for an order establishing the rights of the town to annex territory by ordinance under specified agreed terms. A copy of such petition and ordinance shall be served on the attorney for the Commonwealth, or county attorney, if there is one, and on the chairman of the board of supervisors of the county. The county shall file its response to such petition with the Commission within sixty days after receipt of service thereof.
After the time for filing of a response by the county has elapsed, the Commission shall establish a date, time and place for a hearing, to be conducted in the county or the town, at which the parties, and any resident or property owner of either the county or the town may appear and present evidence or comment on the rights petitioned for by the town. After receiving such evidence, and making such further investigation as it deems appropriate, and based upon the criteria set forth in § 15.2-3209, the Commission shall enter an order which grants such rights to the town, either upon the terms set forth in the petition or upon some modified basis. The order shall in no event grant to the town the right to annex county territory by ordinance more frequently than once every five years.
1979, c. 85, § 15.1-1058.4; 1997, c. 587.
Structure Code of Virginia
Title 15.2 - Counties, Cities and Towns
Chapter 32 - Boundary Changes of Towns and Cities
§ 15.2-3200. Boundaries of cities and towns to remain as established until changed
§ 15.2-3202. Ordinance for annexation by city or town; appointment of special court
§ 15.2-3204. Notice of motion; service and publication
§ 15.2-3205. Additional parties
§ 15.2-3207. Pretrial conference; matters considered
§ 15.2-3208. Assistance of state agencies
§ 15.2-3209. Hearing and decision
§ 15.2-3210. Boundary line where territory fronts on river, bay, etc.
§ 15.2-3211. Powers of court and rules of decision; terms and conditions
§ 15.2-3212. Determination of value of public improvements
§ 15.2-3213. Declining to accept annexation on terms and conditions imposed by court
§ 15.2-3215. County reimbursement for town annexation proceedings
§ 15.2-3216. Proceedings not to fail for technical or procedural defects or errors
§ 15.2-3217. Court granting annexation to exist for 10 years
§ 15.2-3218. Continued existence of court under certain conditions
§ 15.2-3219. Reduced taxation on real estate in territory added to corporate limits
§ 15.2-3220. Mandamus and prohibition
§ 15.2-3221. Appeals; how heard
§ 15.2-3222. What order to be entered by the Supreme Court or the Court of Appeals
§ 15.2-3223. What order and proceedings clerk to certify, and where same shall be recorded; fees
§ 15.2-3227. Annexation proceedings final for 10 years
§ 15.2-3228. County not to be reduced to insufficient area, population or sources of revenue
§ 15.2-3229. Annexation of whole town
§ 15.2-3230. Article not applicable to consolidation of two cities
§ 15.2-3231. Agreements between towns and counties authorized; effect; provisions
§ 15.2-3232. Hearing before Commission on Local Government required; notice
§ 15.2-3233. Adoption of agreement
§ 15.2-3234. Inability to agree; petition to Commission on Local Government
§ 15.2-3236. Council may enact ordinance
§ 15.2-3238. What court may do
§ 15.2-3239. Certification of real estate list
§ 15.2-3240. Transfer of registration records
§ 15.2-3242. Parties defendant and publication of such petition
§ 15.2-3243. Hearing and order upon such petition