{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3304.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3304.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3304.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3304.html"}],"law_id":82303,"edition_id":1,"section_id":82303,"structure_id":15544,"section_number":"15.2-3304","catch_line":"Immunity based upon provision of urban-type services","history":"1979, c. 85, \u00a7 15.1-977.22:1; 1983, c. 217; 1997, c. 587.","full_text":"The governing body of any county which feels appropriate urban-type services are being provided, exclusive of those services which are provided by a city but inclusive of those services provided by cooperative agreement between the county and city, in the part of the county proposed for immunity may, by ordinance passed by a recorded affirmative vote of a majority of the members thereof, petition the circuit court for the county for an order declaring some part or parts of the county immune from city-initiated annexation and from incorporation of new cities within such part or parts. The ordinance passed by the governing body of the county shall designate the area or areas for which the county desires such partial immunity. The circuit court with which the petition is filed shall notify the Supreme Court, which shall appoint a special court to hear the case as prescribed by Chapter 30 (\u00a7 15.2-3000 et seq.) of this title.\n\t\tIn considering the petition, the special court shall use the list of services set out in subdivision 1 of \u00a7 15.2-3209 as a guide in determining whether appropriate urban-type services are being provided in such part or parts of the county. The court shall also consider (i) whether the county has made efforts to comply with applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies promulgated by the General Assembly; (ii) whether a community of interest exists between that part of the county for which immunity is sought and the remainder of the county that is greater than the community of interest that exists between that part of the county for which the immunity is sought and the adjoining municipality; and (iii) whether either party has arbitrarily refused to cooperate in the joint provision of services. Unless the population of a city adjoining a county which is seeking partial immunity exceeds 100,000 persons, the court shall not grant partial immunity to such county which would result in substantially foreclosing such a city from expanding its boundaries by annexation. The court may include a greater or smaller area than the area for which immunity is sought.\n\t\tAny city or town adjoining or within the county, or the parts proposed for immunity, shall be made parties to the action. The finding of the Commission on Local Government shall be received into evidence, and the court shall receive such additional evidence as the parties may introduce. The court may limit additional evidence to those kinds of services considered by the Commission. If, after consideration of the evidence, the court finds that the county has appropriate urban-type services, comparable to the type and level of services furnished in the city from which the county seeks immunity, within such parts of the county that are proposed for immunity and that the other conditions in this section are satisfied, the court shall enter an order declaring such part or parts of the county to be immune from city-initiated annexation and incorporation of new cities.","order_by":null,"text":{"0":{"id":294957,"text":"The governing body of any county which feels appropriate urban-type services are being provided, exclusive of those services which are provided by a city but inclusive of those services provided by cooperative agreement between the county and city, in the part of the county proposed for immunity may, by ordinance passed by a recorded affirmative vote of a majority of the members thereof, petition the circuit court for the county for an order declaring some part or parts of the county immune from city-initiated annexation and from incorporation of new cities within such part or parts. The ordinance passed by the governing body of the county shall designate the area or areas for which the county desires such partial immunity. The circuit court with which the petition is filed shall notify the Supreme Court, which shall appoint a special court to hear the case as prescribed by Chapter 30 (\u00a7 15.2-3000 et seq.) of this title.\n\t\tIn considering the petition, the special court shall use the list of services set out in subdivision 1 of \u00a7 15.2-3209 as a guide in determining whether appropriate urban-type services are being provided in such part or parts of the county. The court shall also consider (i) whether the county has made efforts to comply with applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies promulgated by the General Assembly; (ii) whether a community of interest exists between that part of the county for which immunity is sought and the remainder of the county that is greater than the community of interest that exists between that part of the county for which the immunity is sought and the adjoining municipality; and (iii) whether either party has arbitrarily refused to cooperate in the joint provision of services. Unless the population of a city adjoining a county which is seeking partial immunity exceeds 100,000 persons, the court shall not grant partial immunity to such county which would result in substantially foreclosing such a city from expanding its boundaries by annexation. The court may include a greater or smaller area than the area for which immunity is sought.\n\t\tAny city or town adjoining or within the county, or the parts proposed for immunity, shall be made parties to the action. The finding of the Commission on Local Government shall be received into evidence, and the court shall receive such additional evidence as the parties may introduce. The court may limit additional evidence to those kinds of services considered by the Commission. If, after consideration of the evidence, the court finds that the county has appropriate urban-type services, comparable to the type and level of services furnished in the city from which the county seeks immunity, within such parts of the county that are proposed for immunity and that the other conditions in this section are satisfied, the court shall enter an order declaring such part or parts of the county to be immune from city-initiated annexation and incorporation of new cities.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3304\/","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 1983, chapter 217; in 1997, chapter 587<\/a>.<\/p>","references":false,"refers_to":[{"id":85081,"section_number":"15.2-3000","catch_line":"Special court to hear certain cases","order_by":null,"url":"\/15.2-3000\/"},{"id":82850,"section_number":"15.2-3209","catch_line":"Hearing and decision","order_by":null,"url":"\/15.2-3209\/"}],"permalink":{"id":157237,"object_type":"law","relational_id":82303,"identifier":"15.2-3304","token":"15.2\/III\/33\/15.2-3304","url":"\/15.2-3304\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3304\/","token":"15.2\/III\/33\/15.2-3304","dublin_core":{"Title":"Immunity based upon provision of urban-type services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3304","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The governing body<\/span> of any county<\/span> which feels appropriate urban-type services are being provided, exclusive of those services which are provided by a city<\/span> but inclusive of those services provided by cooperative agreement between the county<\/span> and city<\/span>, in the part of the county<\/span> proposed for immunity may, by ordinance<\/span> passed by a recorded affirmative vote of a majority of the members thereof, petition<\/span> the circuit<\/span> court<\/span> for the county<\/span> for an order<\/span> declaring some part or parts of the county<\/span> immune from city<\/span>-initiated annexation and from incorporation of new cities within such part or parts. The ordinance<\/span> passed by the governing body<\/span> of the county<\/span> shall designate the area or areas for which the county<\/span> desires such partial immunity. The circuit<\/span> court<\/span> with which the petition<\/span> is filed shall notify the Supreme Court<\/span>, which shall appoint a special court<\/span> to hear the case as prescribed by Chapter 30 (\u00a7 15.2-3000<\/a> et seq.) of this title.\n\t\tIn considering the petition<\/span>, the special court<\/span> shall use the list of services set out in subdivision 1 of \u00a7 15.2-3209<\/a> as a guide in determining whether appropriate urban-type services are being provided in such part or parts of the county<\/span>. The court<\/span> shall also consider (i) whether the county<\/span> has made efforts to comply with applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies promulgated by the General Assembly; (ii) whether a community of interest exists between that part of the county<\/span> for which immunity is sought and the remainder of the county<\/span> that is greater than the community of interest that exists between that part of the county<\/span> for which the immunity is sought and the adjoining municipality; and (iii) whether either party<\/span> has arbitrarily refused to cooperate in the joint provision of services. Unless the population of a city<\/span> adjoining a county<\/span> which is seeking partial immunity exceeds 100,000 persons, the court<\/span> shall not grant partial immunity to such county<\/span> which would result in substantially foreclosing such a city<\/span> from expanding its boundaries by annexation. The court<\/span> may include a greater or smaller area than the area for which immunity is sought.\n\t\tAny city<\/span> or town<\/span> adjoining or within the county<\/span>, or the parts proposed for immunity, shall be made parties to the action. The finding<\/span> of the Commission on Local Government<\/span> shall be received into evidence<\/span>, and the court<\/span> shall receive such additional evidence<\/span> as the parties may introduce. The court<\/span> may limit additional evidence<\/span> to those kinds of services considered by the Commission. If, after consideration of the evidence<\/span>, the court<\/span> finds that the county<\/span> has appropriate urban-type services, comparable to the type and level of services furnished in the city<\/span> from which the county<\/span> seeks immunity, within such parts of the county<\/span> that are proposed for immunity and that the other conditions in this section are satisfied, the court<\/span> shall enter an order<\/span> declaring such part or parts of the county<\/span> to be immune from city<\/span>-initiated annexation and incorporation of new cities.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nIMMUNITY BASED UPON PROVISION OF URBAN-TYPE SERVICES (\u00a7 15.2-3304)\n\nThe governing body of any county which feels appropriate urban-type services are\nbeing provided, exclusive of those services which are provided by a city but\ninclusive of those services provided by cooperative agreement between the county\nand city, in the part of the county proposed for immunity may, by ordinance\npassed by a recorded affirmative vote of a majority of the members thereof,\npetition the circuit court for the county for an order declaring some part or\nparts of the county immune from city-initiated annexation and from incorporation\nof new cities within such part or parts. The ordinance passed by the governing\nbody of the county shall designate the area or areas for which the county\ndesires such partial immunity. The circuit court with which the petition is\nfiled shall notify the Supreme Court, which shall appoint a special court to\nhear the case as prescribed by Chapter 30 (\u00a7 15.2-3000 et seq.) of this title.\n\t\tIn considering the petition, the special court shall use the list of services\nset out in subdivision 1 of \u00a7 15.2-3209 as a guide in determining whether\nappropriate urban-type services are being provided in such part or parts of the\ncounty. The court shall also consider (i) whether the county has made efforts to\ncomply with applicable state policies with respect to environmental protection,\npublic planning, education, public transportation, housing, and other state\nservice policies promulgated by the General Assembly; (ii) whether a community\nof interest exists between that part of the county for which immunity is sought\nand the remainder of the county that is greater than the community of interest\nthat exists between that part of the county for which the immunity is sought and\nthe adjoining municipality; and (iii) whether either party has arbitrarily\nrefused to cooperate in the joint provision of services. Unless the population\nof a city adjoining a county which is seeking partial immunity exceeds 100,000\npersons, the court shall not grant partial immunity to such county which would\nresult in substantially foreclosing such a city from expanding its boundaries by\nannexation. The court may include a greater or smaller area than the area for\nwhich immunity is sought.\n\t\tAny city or town adjoining or within the county, or the parts proposed for\nimmunity, shall be made parties to the action. The finding of the Commission on\nLocal Government shall be received into evidence, and the court shall receive\nsuch additional evidence as the parties may introduce. The court may limit\nadditional evidence to those kinds of services considered by the Commission. If,\nafter consideration of the evidence, the court finds that the county has\nappropriate urban-type services, comparable to the type and level of services\nfurnished in the city from which the county seeks immunity, within such parts of\nthe county that are proposed for immunity and that the other conditions in this\nsection are satisfied, the court shall enter an order declaring such part or\nparts of the county to be immune from city-initiated annexation and\nincorporation of new cities.\n\nHISTORY: 1979, c. 85, \u00a7 15.1-977.22:1; 1983, c. 217; 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}}