{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2907.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2907.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2907.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2907.html"}],"law_id":63000,"edition_id":1,"section_id":63000,"structure_id":14227,"section_number":"15.2-2907","catch_line":"Actions for annexation, immunity, establishment of city, etc.; investigations and reports by Commission; negotiation","history":"1980, c. 558, 577, 592, \u00a7 15.1-945.7; 1983, c. 217; 1985, c. 478; 1988, c. 881; 1997, c. 587.","full_text":"A\n\nNo locality or person shall file any action in any court in Virginia to annex territory, to have an area declared immune from annexation based upon provision of urban-type services, to establish an independent city, to consolidate two or more localities, at least one of which is a county, into a city, to make a transition from a county to a city or to make a transition from city status to town status, without first notifying the Commission and all local governments located within or contiguous to, or sharing functions, revenue, or tax sources with, the locality proposing such action. Upon receipt of the notice the Commission shall hold hearings, make investigations, analyze local needs and make findings of facts and recommendations, which may, in cases where immunity or annexation is sought, recommend a grant of immunity or annexation of a greater or smaller area than that proposed by the locality pursuant to the procedures of this chapter. Such findings shall be rendered within six months after the Commission receives notice from the locality intending to file court action, provided that the Commission on its own motion may extend the period for filing its report by no more than sixty days. No further extension thereafter of the time for filing shall be made by the Commission without the agreement of the parties. No court action may be filed until the Commission has made its findings of facts. Unless the parties agree otherwise, no court action may be filed more than 180 days after the Commission renders its final report as provided for in this section. While the matter is before the Commission, the Commission may actively seek to negotiate a settlement of the proposed action between the affected localities. The Commission may direct that the conduct of the negotiations be in executive session. In addition, the Commission may, with the agreement of the parties, appoint an independent mediator, who shall be compensated as agreed to by the parties. Offers and statements made in negotiations shall not be reported in the finding of facts or introduced in evidence in any subsequent court proceedings between the parties.B\n\nThe Commission shall report, in writing, its findings and recommendations to the affected localities, any other localities likely to be affected by such proposed action, and to any court which may subsequently consider the action. The report shall be based upon the criteria and standards established by law for any such proposed action. The report, or any copy thereof, bearing the signature of the chairman of the Commission shall be admissible in evidence in any subsequent proceeding relating to the subject matter thereof. The court in any such proceeding shall consider the report but shall not be bound by the report&#8217;s findings or recommendations.\n\t\t\tBefore making the report the Commission shall conduct hearings at which any interested person may testify. Prior to the hearing, the Commission shall publish a notice of the hearing once a week for two successive weeks in a newspaper of general circulation in the affected counties and cities. The second advertisement shall appear not less than six days nor more than twenty-one days prior to the hearing.C\n\nA court on motion of any party or of the Commission may for cause shown extend the time for filing of the Commission&#8217;s report but no such extension of time shall exceed ninety days unless the parties agree otherwise.D\n\nExcept for any hearing or meeting specifically required by law, Chapter 37 (&#xA7; 2.2-3700 et seq.) of Title 2.2 shall not be applicable to the Commission nor meetings convened by members of the Commission, its employees, or by its designated mediators with local governing bodies or members thereof, nor shall such chapter be applicable to meetings of local governing bodies, or members thereof, held for purpose of negotiating any issues which are or would be subject to the Commission&#8217;s review. Offers and statements made in any negotiation or mediation activity conducted under the direction of the Commission shall not be recorded in any report issued by the Commission, nor shall they be introduced in evidence in any subsequent court proceeding by the Commission or any other party.E\n\nNotwithstanding any other provision of law, any locality, either prior or subsequent to the filing of any annexation or partial immunity suit in any court of this Commonwealth in which it is one of the parties, may notify the Commission on Local Government that it desires to attempt to negotiate an agreement with one or more adjacent localities relative to annexation or partial immunity under the direction of the Commission. A copy of the notice shall be served on all adjacent localities. The affected localities shall then attempt to resolve their differences relative to annexation or partial immunity, and shall keep the Commission advised of the progress being made. The Commission, or its designee, may serve as a mediator and the Commission&#8217;s staff and resources shall be available to the negotiating localities. All expenses of the negotiations, including expenses of the Commission or its staff incurred in the negotiations, shall be borne by the parties initiating the notice unless otherwise agreed by the parties. All suits for either annexation or partial immunity by or against any locality involved in such negotiations shall be stayed while the negotiations are in progress. If, after a hearing, the Commission finds that none of the parties is willing to continue to negotiate, or if it finds that three months have elapsed with no substantial progress toward settlement, it shall declare the negotiations to be terminated. Unless the parties agree otherwise, negotiations shall in any event terminate twelve months from the date the initial notice was given to the Commission. Immediately upon such finding and declaration by the Commission, or upon the expiration of twelve months from the initial notice or any agreed extension thereof, whichever first occurs, any stay of a pending suit for annexation or partial immunity entered under this section shall automatically terminate and no new notice to negotiate shall thereafter be filed by any party.F\n\nA locality may proceed simultaneously under subsections A and E of this section.","order_by":null,"text":{"0":{"id":229771,"text":"No locality or person shall file any action in any court in Virginia to annex territory, to have an area declared immune from annexation based upon provision of urban-type services, to establish an independent city, to consolidate two or more localities, at least one of which is a county, into a city, to make a transition from a county to a city or to make a transition from city status to town status, without first notifying the Commission and all local governments located within or contiguous to, or sharing functions, revenue, or tax sources with, the locality proposing such action. Upon receipt of the notice the Commission shall hold hearings, make investigations, analyze local needs and make findings of facts and recommendations, which may, in cases where immunity or annexation is sought, recommend a grant of immunity or annexation of a greater or smaller area than that proposed by the locality pursuant to the procedures of this chapter. Such findings shall be rendered within six months after the Commission receives notice from the locality intending to file court action, provided that the Commission on its own motion may extend the period for filing its report by no more than sixty days. No further extension thereafter of the time for filing shall be made by the Commission without the agreement of the parties. No court action may be filed until the Commission has made its findings of facts. Unless the parties agree otherwise, no court action may be filed more than 180 days after the Commission renders its final report as provided for in this section. While the matter is before the Commission, the Commission may actively seek to negotiate a settlement of the proposed action between the affected localities. The Commission may direct that the conduct of the negotiations be in executive session. In addition, the Commission may, with the agreement of the parties, appoint an independent mediator, who shall be compensated as agreed to by the parties. Offers and statements made in negotiations shall not be reported in the finding of facts or introduced in evidence in any subsequent court proceedings between the parties.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229772,"text":"The Commission shall report, in writing, its findings and recommendations to the affected localities, any other localities likely to be affected by such proposed action, and to any court which may subsequently consider the action. The report shall be based upon the criteria and standards established by law for any such proposed action. The report, or any copy thereof, bearing the signature of the chairman of the Commission shall be admissible in evidence in any subsequent proceeding relating to the subject matter thereof. The court in any such proceeding shall consider the report but shall not be bound by the report&#8217;s findings or recommendations.\n\t\t\tBefore making the report the Commission shall conduct hearings at which any interested person may testify. Prior to the hearing, the Commission shall publish a notice of the hearing once a week for two successive weeks in a newspaper of general circulation in the affected counties and cities. The second advertisement shall appear not less than six days nor more than twenty-one days prior to the hearing.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229773,"text":"A court on motion of any party or of the Commission may for cause shown extend the time for filing of the Commission&#8217;s report but no such extension of time shall exceed ninety days unless the parties agree otherwise.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229774,"text":"Except for any hearing or meeting specifically required by law, Chapter 37 (&#xA7; 2.2-3700 et seq.) of Title 2.2 shall not be applicable to the Commission nor meetings convened by members of the Commission, its employees, or by its designated mediators with local governing bodies or members thereof, nor shall such chapter be applicable to meetings of local governing bodies, or members thereof, held for purpose of negotiating any issues which are or would be subject to the Commission&#8217;s review. Offers and statements made in any negotiation or mediation activity conducted under the direction of the Commission shall not be recorded in any report issued by the Commission, nor shall they be introduced in evidence in any subsequent court proceeding by the Commission or any other party.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229775,"text":"Notwithstanding any other provision of law, any locality, either prior or subsequent to the filing of any annexation or partial immunity suit in any court of this Commonwealth in which it is one of the parties, may notify the Commission on Local Government that it desires to attempt to negotiate an agreement with one or more adjacent localities relative to annexation or partial immunity under the direction of the Commission. A copy of the notice shall be served on all adjacent localities. The affected localities shall then attempt to resolve their differences relative to annexation or partial immunity, and shall keep the Commission advised of the progress being made. The Commission, or its designee, may serve as a mediator and the Commission&#8217;s staff and resources shall be available to the negotiating localities. All expenses of the negotiations, including expenses of the Commission or its staff incurred in the negotiations, shall be borne by the parties initiating the notice unless otherwise agreed by the parties. All suits for either annexation or partial immunity by or against any locality involved in such negotiations shall be stayed while the negotiations are in progress. If, after a hearing, the Commission finds that none of the parties is willing to continue to negotiate, or if it finds that three months have elapsed with no substantial progress toward settlement, it shall declare the negotiations to be terminated. Unless the parties agree otherwise, negotiations shall in any event terminate twelve months from the date the initial notice was given to the Commission. Immediately upon such finding and declaration by the Commission, or upon the expiration of twelve months from the initial notice or any agreed extension thereof, whichever first occurs, any stay of a pending suit for annexation or partial immunity entered under this section shall automatically terminate and no new notice to negotiate shall thereafter be filed by any party.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":229776,"text":"A locality may proceed simultaneously under subsections A and E of this section.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14227,"edition_id":1,"name":"Commission on Local Government","identifier":"29","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:47:22","date_modified":"2026-06-26 03:47:22","permalink":{"id":156921,"object_type":"structure","relational_id":14227,"identifier":"29","token":"15.2\/III\/29","url":"\/15.2\/III\/29\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13062,"edition_id":1,"name":"Boundary Adjustments and Changes of Status of Counties, Cities and Towns","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":156919,"object_type":"structure","relational_id":13062,"identifier":"III","token":"15.2\/III","url":"\/15.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68774,"structure_id":14227,"section_number":"15.2-2900","catch_line":"Purpose and intent","url":"\/15.2-2900\/","token":"15.2\/III\/29\/15.2-2900","metadata":false},{"id":82672,"structure_id":14227,"section_number":"15.2-2901","catch_line":"Membership; appointment, terms and qualifications of members; vacancies; Executive Director","url":"\/15.2-2901\/","token":"15.2\/III\/29\/15.2-2901","metadata":false},{"id":68413,"structure_id":14227,"section_number":"15.2-2902","catch_line":"Continuing temporary membership for purposes of Commission reports","url":"\/15.2-2902\/","token":"15.2\/III\/29\/15.2-2902","metadata":false},{"id":60350,"structure_id":14227,"section_number":"15.2-2903","catch_line":"General powers and duties of Commission","url":"\/15.2-2903\/","token":"15.2\/III\/29\/15.2-2903","metadata":false},{"id":59932,"structure_id":14227,"section_number":"15.2-2904","catch_line":"Meetings; quorum; majority vote; panel to conduct investigation and make report; compensation and expenses","url":"\/15.2-2904\/","token":"15.2\/III\/29\/15.2-2904","metadata":false},{"id":73436,"structure_id":14227,"section_number":"15.2-2905","catch_line":"Officers","url":"\/15.2-2905\/","token":"15.2\/III\/29\/15.2-2905","metadata":false},{"id":78589,"structure_id":14227,"section_number":"15.2-2906","catch_line":"Disqualification of Commissioners","url":"\/15.2-2906\/","token":"15.2\/III\/29\/15.2-2906","metadata":false},{"id":63000,"structure_id":14227,"section_number":"15.2-2907","catch_line":"Actions for annexation, immunity, establishment of city, etc.; investigations and reports by Commission; negotiation","url":"\/15.2-2907\/","token":"15.2\/III\/29\/15.2-2907","metadata":false},{"id":55447,"structure_id":14227,"section_number":"15.2-2908","catch_line":"Notice to Commission deemed to institute action or proceeding","url":"\/15.2-2908\/","token":"15.2\/III\/29\/15.2-2908","metadata":false}],"previous_section":{"id":78589,"structure_id":14227,"section_number":"15.2-2906","catch_line":"Disqualification of Commissioners","url":"\/15.2-2906\/","token":"15.2\/III\/29\/15.2-2906","metadata":false},"next_section":{"id":55447,"structure_id":14227,"section_number":"15.2-2908","catch_line":"Notice to Commission deemed to institute action or proceeding","url":"\/15.2-2908\/","token":"15.2\/III\/29\/15.2-2908","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2907\/","history_text":"<p>This law was first created in 1980. The record of its establishment is cataloged in chapter 558 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1980 \u201cActs\u201d aren\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1983, chapter 217; in 1985, chapter 478; in 1988, chapter 881; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>.<\/p>","references":[{"id":55447,"section_number":"15.2-2908","catch_line":"Notice to Commission deemed to institute action or proceeding","order_by":null,"url":"\/15.2-2908\/"},{"id":59036,"section_number":"15.2-3201","catch_line":"Temporary restrictions on granting of city charters, filing annexation notices, institutions of annexation proceedings, and county immunity proceedings","order_by":null,"url":"\/15.2-3201\/"},{"id":75841,"section_number":"15.2-3400","catch_line":"Voluntary settlements among local governments","order_by":null,"url":"\/15.2-3400\/"},{"id":68768,"section_number":"15.2-4117","catch_line":"Temporary restriction on annexation","order_by":null,"url":"\/15.2-4117\/"}],"refers_to":[{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"}],"permalink":{"id":156951,"object_type":"law","relational_id":63000,"identifier":"15.2-2907","token":"15.2\/III\/29\/15.2-2907","url":"\/15.2-2907\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2907\/","token":"15.2\/III\/29\/15.2-2907","dublin_core":{"Title":"Actions for annexation, immunity, establishment of city, etc.; investigations and reports by Commission; negotiation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2907","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> No <span class=\"dictionary\">locality<\/span> or person shall file any action in any <span class=\"dictionary\">court<\/span> in Virginia to annex territory, to have an area declared immune from annexation based upon provision of urban-type services, to establish an independent <span class=\"dictionary\">city<\/span>, to consolidate two or more localities, at least one of which is a <span class=\"dictionary\">county<\/span>, into a <span class=\"dictionary\">city<\/span>, to make a transition from a <span class=\"dictionary\">county<\/span> to a <span class=\"dictionary\">city<\/span> or to make a transition from <span class=\"dictionary\">city<\/span> status to <span class=\"dictionary\">town<\/span> status, without first notifying the Commission and all <span class=\"dictionary\">local governments<\/span> located within or contiguous to, or sharing functions, revenue, or tax sources with, the <span class=\"dictionary\">locality<\/span> proposing such action. Upon receipt of the notice the Commission shall hold <span class=\"dictionary\">hearings<\/span>, make investigations, analyze local needs and make <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">facts<\/span> and recommendations, which may, in cases where immunity or annexation is sought, recommend a grant of immunity or annexation of a greater or smaller area than that proposed by the <span class=\"dictionary\">locality<\/span> pursuant to the procedures of this chapter. Such <span class=\"dictionary\">findings<\/span> shall be rendered within six months after the Commission receives notice from the <span class=\"dictionary\">locality<\/span> intending to file <span class=\"dictionary\">court<\/span> action, provided that the Commission on its own <span class=\"dictionary\">motion<\/span> may extend the period for filing its report by no more than sixty days. No further extension thereafter of the time for filing shall be made by the Commission without the agreement of the parties. No <span class=\"dictionary\">court<\/span> action may be filed until the Commission has made its <span class=\"dictionary\">findings<\/span> of <span class=\"dictionary\">facts<\/span>. Unless the parties agree otherwise, no <span class=\"dictionary\">court<\/span> action may be filed more than 180 days after the Commission renders its final report as provided for in this section. While the matter is before the Commission, the Commission may actively seek to negotiate a <span class=\"dictionary\">settlement<\/span> of the proposed action between the affected localities. The Commission may direct that the conduct of the negotiations be in executive session. In addition, the Commission may, with the agreement of the parties, appoint an independent mediator, who shall be compensated as agreed to by the parties. Offers and statements made in negotiations shall not be reported in the <span class=\"dictionary\">finding<\/span> of <span class=\"dictionary\">facts<\/span> or introduced in <span class=\"dictionary\">evidence<\/span> in any subsequent <span class=\"dictionary\">court<\/span> proceedings between the parties. <a id=\"paragraph-229771\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2907\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> The Commission shall report, in writing, its <span class=\"dictionary\">findings<\/span> and recommendations to the affected localities, any other localities likely to be affected by such proposed action, and to any <span class=\"dictionary\">court<\/span> which may subsequently consider the action. The report shall be based upon the criteria and standards established by <span class=\"dictionary\">law<\/span> for any such proposed action. The report, or any copy thereof, bearing the signature of the chairman of the Commission shall be <span class=\"dictionary\">admissible<\/span> in <span class=\"dictionary\">evidence<\/span> in any subsequent proceeding relating to the subject matter thereof. The <span class=\"dictionary\">court<\/span> in any such proceeding shall consider the report but shall not be bound by the report&#8217;s <span class=\"dictionary\">findings<\/span> or recommendations.\n\t\t\tBefore making the report the Commission shall conduct <span class=\"dictionary\">hearings<\/span> at which any interested person may testify. Prior to the <span class=\"dictionary\">hearing<\/span>, the Commission shall publish a notice of the <span class=\"dictionary\">hearing<\/span> once a week for two successive weeks in a newspaper of general circulation in the affected counties and cities. The second advertisement shall appear not less than six days nor more than twenty-one days prior to the <span class=\"dictionary\">hearing<\/span>. <a id=\"paragraph-229772\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2907\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> A <span class=\"dictionary\">court<\/span> on <span class=\"dictionary\">motion<\/span> of any <span class=\"dictionary\">party<\/span> or of the Commission may for cause shown extend the time for filing of the Commission&#8217;s report but no such extension of time shall exceed ninety days unless the parties agree otherwise. <a id=\"paragraph-229773\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2907\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> Except for any <span class=\"dictionary\">hearing<\/span> or meeting specifically required by <span class=\"dictionary\">law<\/span>, Chapter 37 (&#xA7; <a class=\"law\" title=\"Short title; policy\" href=\"\/2.2-3700\/\">2.2-3700<\/a> et seq.) of Title 2.2 shall not be applicable to the Commission nor meetings convened by members of the Commission, its employees, or by its designated mediators with local governing bodies or members thereof, nor shall such chapter be applicable to meetings of local governing bodies, or members thereof, held for purpose of negotiating any <span class=\"dictionary\">issues<\/span> which are or would be subject to the Commission&#8217;s review. Offers and statements made in any negotiation or mediation activity conducted under the direction of the Commission shall not be recorded in any report issued by the Commission, nor shall they be introduced in <span class=\"dictionary\">evidence<\/span> in any subsequent <span class=\"dictionary\">court<\/span> proceeding by the Commission or any other <span class=\"dictionary\">party<\/span>. <a id=\"paragraph-229774\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2907\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> Notwithstanding any other provision of <span class=\"dictionary\">law<\/span>, any <span class=\"dictionary\">locality<\/span>, either prior or subsequent to the filing of any annexation or partial immunity suit in any <span class=\"dictionary\">court<\/span> of this Commonwealth in which it is one of the parties, may notify the Commission on <span class=\"dictionary\">Local Government<\/span> that it desires to attempt to negotiate an agreement with one or more adjacent localities relative to annexation or partial immunity under the direction of the Commission. A copy of the notice shall be served on all adjacent localities. The affected localities shall then attempt to resolve their differences relative to annexation or partial immunity, and shall keep the Commission advised of the progress being made. The Commission, or its designee, may serve as a mediator and the Commission&#8217;s staff and resources shall be available to the negotiating localities. All expenses of the negotiations, including expenses of the Commission or its staff incurred in the negotiations, shall be borne by the parties initiating the notice unless otherwise agreed by the parties. All suits for either annexation or partial immunity by or against any <span class=\"dictionary\">locality<\/span> involved in such negotiations shall be stayed while the negotiations are in progress. If, after a <span class=\"dictionary\">hearing<\/span>, the Commission finds that none of the parties is willing to continue to negotiate, or if it finds that three months have elapsed with no substantial progress toward <span class=\"dictionary\">settlement<\/span>, it shall declare the negotiations to be terminated. Unless the parties agree otherwise, negotiations shall in any event terminate twelve months from the date the initial notice was given to the Commission. Immediately upon such <span class=\"dictionary\">finding<\/span> and declaration by the Commission, or upon the expiration of twelve months from the initial notice or any agreed extension thereof, whichever first occurs, any <span class=\"dictionary\">stay<\/span> of a pending suit for annexation or partial immunity entered under this section shall automatically terminate and no new notice to negotiate shall thereafter be filed by any <span class=\"dictionary\">party<\/span>. <a id=\"paragraph-229775\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2907\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> A <span class=\"dictionary\">locality<\/span> may proceed simultaneously under subsections A and E of this section. <a id=\"paragraph-229776\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2907\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nACTIONS FOR ANNEXATION, IMMUNITY, ESTABLISHMENT OF CITY, ETC.; INVESTIGATIONS\nAND REPORTS BY COMMISSION; NEGOTIATION (\u00a7 15.2-2907)\n\nA. No locality or person shall file any action in any court in Virginia to annex\nterritory, to have an area declared immune from annexation based upon provision\nof urban-type services, to establish an independent city, to consolidate two or\nmore localities, at least one of which is a county, into a city, to make a\ntransition from a county to a city or to make a transition from city status to\ntown status, without first notifying the Commission and all local governments\nlocated within or contiguous to, or sharing functions, revenue, or tax sources\nwith, the locality proposing such action. Upon receipt of the notice the\nCommission shall hold hearings, make investigations, analyze local needs and\nmake findings of facts and recommendations, which may, in cases where immunity\nor annexation is sought, recommend a grant of immunity or annexation of a\ngreater or smaller area than that proposed by the locality pursuant to the\nprocedures of this chapter. Such findings shall be rendered within six months\nafter the Commission receives notice from the locality intending to file court\naction, provided that the Commission on its own motion may extend the period for\nfiling its report by no more than sixty days. No further extension thereafter of\nthe time for filing shall be made by the Commission without the agreement of the\nparties. No court action may be filed until the Commission has made its findings\nof facts. Unless the parties agree otherwise, no court action may be filed more\nthan 180 days after the Commission renders its final report as provided for in\nthis section. While the matter is before the Commission, the Commission may\nactively seek to negotiate a settlement of the proposed action between the\naffected localities. The Commission may direct that the conduct of the\nnegotiations be in executive session. In addition, the Commission may, with the\nagreement of the parties, appoint an independent mediator, who shall be\ncompensated as agreed to by the parties. Offers and statements made in\nnegotiations shall not be reported in the finding of facts or introduced in\nevidence in any subsequent court proceedings between the parties.\n\nB. The Commission shall report, in writing, its findings and recommendations to\nthe affected localities, any other localities likely to be affected by such\nproposed action, and to any court which may subsequently consider the action.\nThe report shall be based upon the criteria and standards established by law for\nany such proposed action. The report, or any copy thereof, bearing the signature\nof the chairman of the Commission shall be admissible in evidence in any\nsubsequent proceeding relating to the subject matter thereof. The court in any\nsuch proceeding shall consider the report but shall not be bound by the\nreport&#8217;s findings or recommendations.\n\t\t\tBefore making the report the Commission shall conduct hearings at which any\ninterested person may testify. Prior to the hearing, the Commission shall\npublish a notice of the hearing once a week for two successive weeks in a\nnewspaper of general circulation in the affected counties and cities. The second\nadvertisement shall appear not less than six days nor more than twenty-one days\nprior to the hearing.\n\nC. A court on motion of any party or of the Commission may for cause shown\nextend the time for filing of the Commission&#8217;s report but no such\nextension of time shall exceed ninety days unless the parties agree otherwise.\n\nD. Except for any hearing or meeting specifically required by law, Chapter 37\n(&#xA7; 2.2-3700 et seq.) of Title 2.2 shall not be applicable to the Commission\nnor meetings convened by members of the Commission, its employees, or by its\ndesignated mediators with local governing bodies or members thereof, nor shall\nsuch chapter be applicable to meetings of local governing bodies, or members\nthereof, held for purpose of negotiating any issues which are or would be\nsubject to the Commission&#8217;s review. Offers and statements made in any\nnegotiation or mediation activity conducted under the direction of the\nCommission shall not be recorded in any report issued by the Commission, nor\nshall they be introduced in evidence in any subsequent court proceeding by the\nCommission or any other party.\n\nE. Notwithstanding any other provision of law, any locality, either prior or\nsubsequent to the filing of any annexation or partial immunity suit in any court\nof this Commonwealth in which it is one of the parties, may notify the\nCommission on Local Government that it desires to attempt to negotiate an\nagreement with one or more adjacent localities relative to annexation or partial\nimmunity under the direction of the Commission. A copy of the notice shall be\nserved on all adjacent localities. The affected localities shall then attempt to\nresolve their differences relative to annexation or partial immunity, and shall\nkeep the Commission advised of the progress being made. The Commission, or its\ndesignee, may serve as a mediator and the Commission&#8217;s staff and resources\nshall be available to the negotiating localities. All expenses of the\nnegotiations, including expenses of the Commission or its staff incurred in the\nnegotiations, shall be borne by the parties initiating the notice unless\notherwise agreed by the parties. All suits for either annexation or partial\nimmunity by or against any locality involved in such negotiations shall be\nstayed while the negotiations are in progress. If, after a hearing, the\nCommission finds that none of the parties is willing to continue to negotiate,\nor if it finds that three months have elapsed with no substantial progress\ntoward settlement, it shall declare the negotiations to be terminated. Unless\nthe parties agree otherwise, negotiations shall in any event terminate twelve\nmonths from the date the initial notice was given to the Commission. Immediately\nupon such finding and declaration by the Commission, or upon the expiration of\ntwelve months from the initial notice or any agreed extension thereof, whichever\nfirst occurs, any stay of a pending suit for annexation or partial immunity\nentered under this section shall automatically terminate and no new notice to\nnegotiate shall thereafter be filed by any party.\n\nF. A locality may proceed simultaneously under subsections A and E of this\nsection.\n\nHISTORY: 1980, c. 558, 577, 592, \u00a7 15.1-945.7; 1983, c. 217; 1985, c. 478;\n1988, c. 881; 1997, c. 587.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}