The special court shall fix a day on which the petition filed pursuant to § 15.2-3241 shall be heard and shall direct the clerk of the court to cause to be summoned the chairman of the board of supervisors of the county and the mayor of the town, who without formal pleadings shall make such defense against the prayer of the petition as they may have. One or more residents or landowners of the territory proposed to be abandoned may appear and set forth reasons why the same should not be done.
If the court is satisfied that it will be in the best interest of a majority of the people of the territory proposed to be abandoned and that the general good of the community will not be materially affected, it shall by an order entered in its common-law order book, reciting the fact of the due publication of the petition, that it is in the best interest of a majority of the people of that part of the town proposed to be abandoned, and that the general good of the community will not be materially affected by amendment of the charter, order that the charter of such town be amended accordingly. Whenever such an order is entered, a copy of the order shall be certified to the Secretary of the Commonwealth.
The court in its order may make such disposition of the corporate property of the town as may seem to it just and equitable and shall also make such provision as to the payment of any debts or obligations of the town as between the county and the inhabitants of the town as to the court may seem just and equitable.
At the next session of the General Assembly following the final determination of such order, the town shall request that the General Assembly amend its charter in accordance with the court order. The effective date of the transfer of territory shall be the effective date of the court order and not the effective date of the Act of Assembly.
Code 1950, § 15-160; 1962, c. 623, § 15.1-1066; 1970, c. 751; 1978, c. 642; 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