{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3302.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3302.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3302.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3302.html"}],"law_id":68824,"edition_id":1,"section_id":68824,"structure_id":15544,"section_number":"15.2-3302","catch_line":"Criteria for total immunity; judicial determination","history":"1979, c. 85, \u00a7 15.1-977.21; 1984, c. 695; 1997, c. 587.","full_text":"A\n\nIf, after receipt of a petition for immunity, the circuit court determines that the county or tier-city has a population at the time of the filing of the petition of at least 20,000 persons and a population density of at least 300 persons per square mile, or a minimum population of at least 50,000 persons and a population density of at least 140 persons per square mile, based either on the latest United States census, on the latest population estimates of the Weldon Cooper Center for Public Service of the University of Virginia, or on a special census conducted under court supervision, it shall enter an order declaring the total county or tier-city immune from city-initiated annexation and incorporation of new cities.B\n\nIf the court determines that the county or tier-city has not met the criteria for immunity as set forth in this section, it shall deny the county’s or tier-city’s petition.C\n\nIn the determination of its population density, a county or tier-city may elect to have excluded from consideration the area of property within its boundaries which is owned by the federal and state governments and the area covered by bodies of water of forty acres or more in size. If a county or tier-city elects to exclude such areas from consideration, any county or tier-city residents residing in such areas must also be excluded in determining the county’s or tier-city’s population and population density.","order_by":null,"text":{"0":{"id":249133,"text":"If, after receipt of a petition for immunity, the circuit court determines that the county or tier-city has a population at the time of the filing of the petition of at least 20,000 persons and a population density of at least 300 persons per square mile, or a minimum population of at least 50,000 persons and a population density of at least 140 persons per square mile, based either on the latest United States census, on the latest population estimates of the Weldon Cooper Center for Public Service of the University of Virginia, or on a special census conducted under court supervision, it shall enter an order declaring the total county or tier-city immune from city-initiated annexation and incorporation of new cities.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":249134,"text":"If the court determines that the county or tier-city has not met the criteria for immunity as set forth in this section, it shall deny the county’s or tier-city’s petition.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":249135,"text":"In the determination of its population density, a county or tier-city may elect to have excluded from consideration the area of property within its boundaries which is owned by the federal and state governments and the area covered by bodies of water of forty acres or more in size. If a county or tier-city elects to exclude such areas from consideration, any county or tier-city residents residing in such areas must also be excluded in determining the county’s or tier-city’s population and population density.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15544,"edition_id":1,"name":"Immunity of Counties or Parts of Counties From City-Initiated Annexation and City Incorporation","identifier":"33","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:56:11","date_modified":"2026-06-26 03:56:11","permalink":{"id":157219,"object_type":"structure","relational_id":15544,"identifier":"33","token":"15.2\/III\/33","url":"\/15.2\/III\/33\/","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":63407,"structure_id":15544,"section_number":"15.2-3300","catch_line":"Purposes of chapter","url":"\/15.2-3300\/","token":"15.2\/III\/33\/15.2-3300","metadata":false},{"id":79094,"structure_id":15544,"section_number":"15.2-3301","catch_line":"Initiation of proceeding for declaration of immunity","url":"\/15.2-3301\/","token":"15.2\/III\/33\/15.2-3301","metadata":false},{"id":68824,"structure_id":15544,"section_number":"15.2-3302","catch_line":"Criteria for total immunity; judicial determination","url":"\/15.2-3302\/","token":"15.2\/III\/33\/15.2-3302","metadata":false},{"id":64890,"structure_id":15544,"section_number":"15.2-3303","catch_line":"Notice of determination by court; effect on other proceedings","url":"\/15.2-3303\/","token":"15.2\/III\/33\/15.2-3303","metadata":false},{"id":82303,"structure_id":15544,"section_number":"15.2-3304","catch_line":"Immunity based upon provision of urban-type services","url":"\/15.2-3304\/","token":"15.2\/III\/33\/15.2-3304","metadata":false},{"id":62228,"structure_id":15544,"section_number":"15.2-3305","catch_line":"Duration of immunity","url":"\/15.2-3305\/","token":"15.2\/III\/33\/15.2-3305","metadata":false},{"id":72866,"structure_id":15544,"section_number":"15.2-3306","catch_line":"Limitations to immunity","url":"\/15.2-3306\/","token":"15.2\/III\/33\/15.2-3306","metadata":false},{"id":59298,"structure_id":15544,"section_number":"15.2-3307","catch_line":"Election of city barred from annexation to be treated as immune county","url":"\/15.2-3307\/","token":"15.2\/III\/33\/15.2-3307","metadata":false},{"id":68265,"structure_id":15544,"section_number":"15.2-3308","catch_line":"Partial immunity proceedings final for five years; exceptions","url":"\/15.2-3308\/","token":"15.2\/III\/33\/15.2-3308","metadata":false}],"previous_section":{"id":79094,"structure_id":15544,"section_number":"15.2-3301","catch_line":"Initiation of proceeding for declaration of immunity","url":"\/15.2-3301\/","token":"15.2\/III\/33\/15.2-3301","metadata":false},"next_section":{"id":64890,"structure_id":15544,"section_number":"15.2-3303","catch_line":"Notice of determination by court; effect on other proceedings","url":"\/15.2-3303\/","token":"15.2\/III\/33\/15.2-3303","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3302\/","history_text":"

This law was first created in 1979. The record of its establishment is cataloged in chapter 85 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 1979 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1984, chapter 695; in 1997, chapter 587<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":157229,"object_type":"law","relational_id":68824,"identifier":"15.2-3302","token":"15.2\/III\/33\/15.2-3302","url":"\/15.2-3302\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3302\/","token":"15.2\/III\/33\/15.2-3302","dublin_core":{"Title":"Criteria for total immunity; judicial determination","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3302","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, after receipt of a petition<\/span> for immunity, the circuit<\/span> court<\/span> determines that the county<\/span> or tier-city<\/span> has a population at the time of the filing of the petition<\/span> of at least 20,000 persons and a population density of at least 300 persons per square mile, or a minimum population of at least 50,000 persons and a population density of at least 140 persons per square mile, based either on the latest United States census, on the latest population estimates of the Weldon Cooper Center for Public Service of the University of Virginia, or on a special census conducted under court<\/span> supervision, it shall enter an order<\/span> declaring the total county<\/span> or tier-city<\/span> immune from city<\/span>-initiated annexation and incorporation of new cities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If the court<\/span> determines that the county<\/span> or tier-city<\/span> has not met the criteria for immunity as set forth in this section, it shall deny the county<\/span>’s or tier-city<\/span>’s petition<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In the determination of its population density, a county<\/span> or tier-city<\/span> may elect to have excluded from consideration the area of property within its boundaries which is owned by the federal and state governments and the area covered by bodies of water of forty acres or more in size. If a county<\/span> or tier-city<\/span> elects to exclude such areas from consideration, any county<\/span> or tier-city<\/span> residents residing in such areas must also be excluded in determining the county<\/span>’s or tier-city<\/span>’s population and population density. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRITERIA FOR TOTAL IMMUNITY; JUDICIAL DETERMINATION (\u00a7 15.2-3302)\n\nA. If, after receipt of a petition for immunity, the circuit court determines\nthat the county or tier-city has a population at the time of the filing of the\npetition of at least 20,000 persons and a population density of at least 300\npersons per square mile, or a minimum population of at least 50,000 persons and\na population density of at least 140 persons per square mile, based either on\nthe latest United States census, on the latest population estimates of the\nWeldon Cooper Center for Public Service of the University of Virginia, or on a\nspecial census conducted under court supervision, it shall enter an order\ndeclaring the total county or tier-city immune from city-initiated annexation\nand incorporation of new cities.\n\nB. If the court determines that the county or tier-city has not met the criteria\nfor immunity as set forth in this section, it shall deny the county’s or\ntier-city’s petition.\n\nC. In the determination of its population density, a county or tier-city may\nelect to have excluded from consideration the area of property within its\nboundaries which is owned by the federal and state governments and the area\ncovered by bodies of water of forty acres or more in size. If a county or\ntier-city elects to exclude such areas from consideration, any county or\ntier-city residents residing in such areas must also be excluded in determining\nthe county’s or tier-city’s population and population density.\n\nHISTORY: 1979, c. 85, \u00a7 15.1-977.21; 1984, c. 695; 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}}