{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3400.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3400.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3400.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3400.html"}],"law_id":75841,"edition_id":1,"section_id":75841,"structure_id":14752,"section_number":"15.2-3400","catch_line":"Voluntary settlements among local governments","history":"1983, c. 523, \u00a7 15.1-1167.1; 1985, c. 478; 1986, c. 333; 1988, c. 881; 1990, cc. 62, 326; 1994, c. 293; 1996, cc. 644, 650; 1997, c. 587; 2003, cc. 197, 444, 583; 2006, c. 212; 2024, cc. 225, 242.","full_text":"Recognizing that the localities of the Commonwealth may be able to settle the matters provided for in this subtitle through voluntary agreements and further recognizing that such a resolution can be beneficial to the orderly growth and continued viability of the localities of the Commonwealth the following provisions are made:\n\n1\n\nAny locality may enter voluntarily into agreement with any other locality or combination of localities whereby any rights provided for its benefit in this subtitle may be modified or waived in whole or in part, as determined by its governing body, provided that the modification or waiver does not conflict with the Constitution of Virginia.2\n\nThe terms of the agreement may include fiscal arrangements, land use arrangements, zoning arrangements, subdivision arrangements and arrangements for infrastructure, revenue and economic growth sharing, provisions for the acceptance on each other’s behalf of proffered conditions under § 15.2-2298 or 15.2-2303, dedication of all or any portion of tax revenues to a revenue and economic growth sharing account, boundary line adjustments, acquisition of real property and buildings and the joint exercise or delegation of powers as well as the modification or waiver of specific annexation, transition or immunity rights as determined by the local governing body including opposition to petitions filed pursuant to § 15.2-3203, and such other provisions as the parties deem in their best interest. The terms of the agreement may also provide for subsequent court review, instituted pursuant to provisions contained in the agreement, by a special court convened under Chapter 30 (§ 15.2-3000 et seq.) of this title.3\n\nIf a voluntary agreement is reached pursuant to this chapter, the governing bodies shall present to the Commission the proposed settlement. The Commission shall conduct a hearing pursuant to subsection A of § 15.2-2907. The Commission shall report, in writing, its findings and recommendations as to whether the proposed settlement is in the best interest of the Commonwealth. Such report shall not be binding upon any court but shall be advisory in nature only.4\n\nUpon receipt of the Commission report, the localities, by ordinance passed by a recorded affirmative vote of a majority of the members of each governing body thereof, may adopt either the original or a modified agreement acceptable to all parties. Each local governing body shall advertise its intention to approve such agreement, or modified agreement, twice, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the adoption of the ordinance in a newspaper having a general circulation in its jurisdiction. Such advertisements shall contain a descriptive summary of the agreement or modified agreement. Each locality shall hold at least one public hearing on the agreement or modified agreement prior to the adoption of the ordinance. The publication shall include a statement that a copy of the agreement, or modified agreement, is on file in the office of the clerk of the circuit court for each of the affected jurisdictions.5\n\nThe governing bodies shall petition a circuit court having jurisdiction in one or more of the localities for an order affirming the proposed settlement. 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 (§ 15.2-3000 et seq.) of this title. The special court shall be limited in its decision to either affirming or denying the voluntary agreement and shall have no authority, without the express approval of each local governing body, to amend or change the terms or conditions of the agreement, but shall have the authority to validate the agreement and give it full force and effect. The court shall affirm the agreement unless the court finds either that the agreement is contrary to the best interests of the Commonwealth or that it is not in the best interests of each of the parties thereto. In determining whether such agreement should be affirmed, the court shall consider, among other things, whether the interest of the Commonwealth in promoting orderly growth and the continued viability of localities has been met. If the agreement is validated and provides for annexation by a city or town, the agreement shall take effect on the first day of the month succeeding validation of the agreement unless the agreement stipulates that the annexation shall be effective on some other date.6\n\nThe agreement shall not become binding on the localities until affirmed by the special court under this section. Once approved by the special court, the agreement shall also bind future local governing bodies of the localities.7\n\nThe applicable provisions of this chapter shall be deemed to have been met with regard to any voluntary fiscal agreement or voluntary agreement in settlement of an annexation, transition or immunity petition or voluntary settlement agreement entered into pursuant to this chapter (i) which was entered into before July 1, 1990, (ii) which had been reviewed or was in the process of review by the Commission on Local Government on or before July 1, 1990, (iii) which had been or was the subject of review by a special court convened under Chapter 30 of this title on or before July 1, 1990, or (iv) which had been or was approved by a special court convened under Chapter 30 of this title on or before July 1, 1990.8\n\nThe provisions of § 15.2-3226 shall apply when a voluntary agreement made under this section includes the annexation of territory by a city or town. No election for members of council shall be held as a result of such annexation unless the city or town increases its population by more than five percent due to the annexation.","order_by":null,"text":{"0":{"id":272330,"text":"Recognizing that the localities of the Commonwealth may be able to settle the matters provided for in this subtitle through voluntary agreements and further recognizing that such a resolution can be beneficial to the orderly growth and continued viability of the localities of the Commonwealth the following provisions are made:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":272331,"text":"Any locality may enter voluntarily into agreement with any other locality or combination of localities whereby any rights provided for its benefit in this subtitle may be modified or waived in whole or in part, as determined by its governing body, provided that the modification or waiver does not conflict with the Constitution of Virginia.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":272332,"text":"The terms of the agreement may include fiscal arrangements, land use arrangements, zoning arrangements, subdivision arrangements and arrangements for infrastructure, revenue and economic growth sharing, provisions for the acceptance on each other’s behalf of proffered conditions under § 15.2-2298 or 15.2-2303, dedication of all or any portion of tax revenues to a revenue and economic growth sharing account, boundary line adjustments, acquisition of real property and buildings and the joint exercise or delegation of powers as well as the modification or waiver of specific annexation, transition or immunity rights as determined by the local governing body including opposition to petitions filed pursuant to § 15.2-3203, and such other provisions as the parties deem in their best interest. The terms of the agreement may also provide for subsequent court review, instituted pursuant to provisions contained in the agreement, by a special court convened under Chapter 30 (§ 15.2-3000 et seq.) of this title.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":272333,"text":"If a voluntary agreement is reached pursuant to this chapter, the governing bodies shall present to the Commission the proposed settlement. The Commission shall conduct a hearing pursuant to subsection A of § 15.2-2907. The Commission shall report, in writing, its findings and recommendations as to whether the proposed settlement is in the best interest of the Commonwealth. Such report shall not be binding upon any court but shall be advisory in nature only.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":272334,"text":"Upon receipt of the Commission report, the localities, by ordinance passed by a recorded affirmative vote of a majority of the members of each governing body thereof, may adopt either the original or a modified agreement acceptable to all parties. Each local governing body shall advertise its intention to approve such agreement, or modified agreement, twice, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the adoption of the ordinance in a newspaper having a general circulation in its jurisdiction. Such advertisements shall contain a descriptive summary of the agreement or modified agreement. Each locality shall hold at least one public hearing on the agreement or modified agreement prior to the adoption of the ordinance. The publication shall include a statement that a copy of the agreement, or modified agreement, is on file in the office of the clerk of the circuit court for each of the affected jurisdictions.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":272335,"text":"The governing bodies shall petition a circuit court having jurisdiction in one or more of the localities for an order affirming the proposed settlement. 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 (§ 15.2-3000 et seq.) of this title. The special court shall be limited in its decision to either affirming or denying the voluntary agreement and shall have no authority, without the express approval of each local governing body, to amend or change the terms or conditions of the agreement, but shall have the authority to validate the agreement and give it full force and effect. The court shall affirm the agreement unless the court finds either that the agreement is contrary to the best interests of the Commonwealth or that it is not in the best interests of each of the parties thereto. In determining whether such agreement should be affirmed, the court shall consider, among other things, whether the interest of the Commonwealth in promoting orderly growth and the continued viability of localities has been met. If the agreement is validated and provides for annexation by a city or town, the agreement shall take effect on the first day of the month succeeding validation of the agreement unless the agreement stipulates that the annexation shall be effective on some other date.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":272336,"text":"The agreement shall not become binding on the localities until affirmed by the special court under this section. Once approved by the special court, the agreement shall also bind future local governing bodies of the localities.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":272337,"text":"The applicable provisions of this chapter shall be deemed to have been met with regard to any voluntary fiscal agreement or voluntary agreement in settlement of an annexation, transition or immunity petition or voluntary settlement agreement entered into pursuant to this chapter (i) which was entered into before July 1, 1990, (ii) which had been reviewed or was in the process of review by the Commission on Local Government on or before July 1, 1990, (iii) which had been or was the subject of review by a special court convened under Chapter 30 of this title on or before July 1, 1990, or (iv) which had been or was approved by a special court convened under Chapter 30 of this title on or before July 1, 1990.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":272338,"text":"The provisions of § 15.2-3226 shall apply when a voluntary agreement made under this section includes the annexation of territory by a city or town. No election for members of council shall be held as a result of such annexation unless the city or town increases its population by more than five percent due to the annexation.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7"}},"ancestry":[{"id":14752,"edition_id":1,"name":"Voluntary Settlement of Annexation, Transition or Immunity Issues","identifier":"34","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:49:43","date_modified":"2026-06-26 03:49:43","permalink":{"id":157257,"object_type":"structure","relational_id":14752,"identifier":"34","token":"15.2\/III\/34","url":"\/15.2\/III\/34\/","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":75841,"structure_id":14752,"section_number":"15.2-3400","catch_line":"Voluntary settlements among local governments","url":"\/15.2-3400\/","token":"15.2\/III\/34\/15.2-3400","metadata":false},{"id":56495,"structure_id":14752,"section_number":"15.2-3401","catch_line":"Referendum on contracting of debt by counties in voluntary settlement agreements","url":"\/15.2-3401\/","token":"15.2\/III\/34\/15.2-3401","metadata":false}],"next_section":{"id":56495,"structure_id":14752,"section_number":"15.2-3401","catch_line":"Referendum on contracting of debt by counties in voluntary settlement agreements","url":"\/15.2-3401\/","token":"15.2\/III\/34\/15.2-3401","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3400\/","history_text":"

This law was first created in 1983. The record of its establishment is cataloged in chapter 523 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 1983 \u201cActs\u201d aren\u2019t available online. It has been modified 10 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 1985, chapter 478; in 1986, chapter 333; in 1988, chapter 881; in 1990, chapters 62 and 326; in 1994, chapter 293<\/a>; in 1996, chapters 644<\/a> and 650<\/a>; in 1997, chapter 587<\/a>; in 2003, chapters 197<\/a>, 444<\/a>, and 583<\/a>; in 2006, chapter 212<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":83819,"section_number":"15.2-1301","catch_line":"Voluntary economic growth-sharing agreements","order_by":null,"url":"\/15.2-1301\/"},{"id":87139,"section_number":"15.2-200","catch_line":"Required procedure for obtaining new charter or amendment","order_by":null,"url":"\/15.2-200\/"},{"id":67178,"section_number":"15.2-2316.2","catch_line":"Localities may provide for transfer of development rights","order_by":null,"url":"\/15.2-2316.2\/"},{"id":85081,"section_number":"15.2-3000","catch_line":"Special court to hear certain cases","order_by":null,"url":"\/15.2-3000\/"},{"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":57984,"section_number":"15.2-3534","catch_line":"Optional provisions of consolidation agreement","order_by":null,"url":"\/15.2-3534\/"},{"id":75365,"section_number":"15.2-6214","catch_line":"Revenue sharing agreements","order_by":null,"url":"\/15.2-6214\/"},{"id":70797,"section_number":"15.2-6407","catch_line":"Revenue sharing agreements","order_by":null,"url":"\/15.2-6407\/"},{"id":85129,"section_number":"33.2-3807","catch_line":"Revenue sharing agreements","order_by":null,"url":"\/33.2-3807\/"},{"id":79307,"section_number":"36-132.1","catch_line":"Commission on Local Government","order_by":null,"url":"\/36-132.1\/"}],"refers_to":[{"id":63949,"section_number":"15.2-2298","catch_line":"Same; additional conditions as a part of rezoning or zoning map amendment in certain high-growth localities","order_by":null,"url":"\/15.2-2298\/"},{"id":71508,"section_number":"15.2-2303","catch_line":"Conditional zoning in certain localities","order_by":null,"url":"\/15.2-2303\/"},{"id":63000,"section_number":"15.2-2907","catch_line":"Actions for annexation, immunity, establishment of city, etc.; investigations and reports by Commission; negotiation","order_by":null,"url":"\/15.2-2907\/"},{"id":85081,"section_number":"15.2-3000","catch_line":"Special court to hear certain cases","order_by":null,"url":"\/15.2-3000\/"},{"id":86092,"section_number":"15.2-3203","catch_line":"Petition by voters of adjacent territory, or governing body of adjacent county or town, for annexation; voluntary agreement by governing body to reject annexation","order_by":null,"url":"\/15.2-3203\/"},{"id":59682,"section_number":"15.2-3226","catch_line":"Redistricting and elections in city or town following annexation; registration and transfer of registration of voters in annexed territory","order_by":null,"url":"\/15.2-3226\/"}],"permalink":{"id":157259,"object_type":"law","relational_id":75841,"identifier":"15.2-3400","token":"15.2\/III\/34\/15.2-3400","url":"\/15.2-3400\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3400\/","token":"15.2\/III\/34\/15.2-3400","dublin_core":{"Title":"Voluntary settlements among local governments","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3400","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Recognizing that the localities of the Commonwealth may be able to settle the matters provided for in this subtitle through voluntary agreements and further recognizing that such a resolution can be beneficial to the orderly growth and continued viability of the localities of the Commonwealth the following provisions are made:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Any locality<\/span> may enter voluntarily into agreement with any other locality<\/span> or combination of localities whereby any rights provided for its benefit in this subtitle may be modified or waived in whole or in part, as determined by its governing body<\/span>, provided that the modification or waiver<\/span> does not conflict with the Constitution of Virginia. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The terms of the agreement may include fiscal arrangements, land use arrangements, zoning arrangements, subdivision arrangements and arrangements for infrastructure, revenue and economic growth sharing, provisions for the acceptance on each other’s behalf of proffered conditions under § 15.2-2298<\/a> or 15.2-2303<\/a>, dedication of all or any portion of tax revenues to a revenue and economic growth sharing account, boundary line adjustments, acquisition of real property and buildings and the joint exercise or delegation of powers as well as the modification or waiver<\/span> of specific annexation, transition or immunity rights as determined by the local governing body<\/span> including opposition to petitions<\/span> filed pursuant to § 15.2-3203<\/a>, and such other provisions as the parties deem in their best interest. The terms of the agreement may also provide for subsequent court<\/span> review, instituted pursuant to provisions contained in the agreement, by a special court<\/span> convened under Chapter 30 (§ 15.2-3000<\/a> et seq.) of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> If a voluntary agreement is reached pursuant to this chapter, the governing bodies shall present to the Commission the proposed settlement<\/span>. The Commission shall conduct a hearing<\/span> pursuant to subsection A of § 15.2-2907<\/a>. The Commission shall report, in writing, its findings<\/span> and recommendations as to whether the proposed settlement<\/span> is in the best interest of the Commonwealth. Such report shall not be binding upon any court<\/span> but shall be advisory in nature only. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Upon receipt of the Commission report, the localities, by ordinance<\/span> passed by a recorded affirmative vote of a majority of the members of each governing body<\/span> thereof, may adopt either the original or a modified agreement acceptable to all parties. Each local governing body<\/span> shall advertise its intention to approve such agreement, or modified agreement, twice, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the adoption of the ordinance<\/span> in a newspaper having a general circulation in its jurisdiction<\/span>. Such advertisements shall contain a descriptive summary of the agreement or modified agreement. Each locality<\/span> shall hold at least one public hearing<\/span> on the agreement or modified agreement prior to the adoption of the ordinance<\/span>. The publication shall include a statement that a copy of the agreement, or modified agreement, is on file in the office of the clerk of the circuit<\/span> court<\/span> for each of the affected jurisdictions<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The governing bodies shall petition<\/span> a circuit<\/span> court<\/span> having jurisdiction<\/span> in one or more of the localities for an order<\/span> affirming the proposed settlement<\/span>. 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 (§ 15.2-3000<\/a> et seq.) of this title. The special court<\/span> shall be limited in its decision to either affirming or denying the voluntary agreement and shall have no authority, without the express approval of each local governing body<\/span>, to amend<\/span> or change the terms or conditions of the agreement, but shall have the authority to validate the agreement and give it full force and effect. The court<\/span> shall affirm<\/span> the agreement unless the court<\/span> finds either that the agreement is contrary to the best interests of the Commonwealth or that it is not in the best interests of each of the parties thereto. In determining whether such agreement should be affirmed<\/span>, the court<\/span> shall consider, among other things, whether the interest of the Commonwealth in promoting orderly growth and the continued viability of localities has been met. If the agreement is validated and provides for annexation by a city<\/span> or town<\/span>, the agreement shall take effect on the first day of the month succeeding validation of the agreement unless the agreement stipulates that the annexation shall be effective on some other date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The agreement shall not become binding on the localities until affirmed<\/span> by the special court<\/span> under this section. Once approved by the special court<\/span>, the agreement shall also bind future local governing bodies of the localities. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The applicable provisions of this chapter shall be deemed to have been met with regard to any voluntary fiscal agreement or voluntary agreement in settlement<\/span> of an annexation, transition or immunity petition<\/span> or voluntary settlement<\/span> agreement entered into pursuant to this chapter (i) which was entered into before July 1, 1990, (ii) which had been reviewed or was in the process of review by the Commission on Local Government<\/span> on or before July 1, 1990, (iii) which had been or was the subject of review by a special court<\/span> convened under Chapter 30 of this title on or before July 1, 1990, or (iv) which had been or was approved by a special court<\/span> convened under Chapter 30 of this title on or before July 1, 1990. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

8.<\/span> The provisions of § 15.2-3226<\/a> shall apply when a voluntary agreement made under this section includes the annexation of territory by a city<\/span> or town<\/span>. No election for members of council<\/span> shall be held as a result of such annexation unless the city<\/span> or town<\/span> increases its population by more than five percent due to the annexation. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVOLUNTARY SETTLEMENTS AMONG LOCAL GOVERNMENTS (\u00a7 15.2-3400)\n\nRecognizing that the localities of the Commonwealth may be able to settle the\nmatters provided for in this subtitle through voluntary agreements and further\nrecognizing that such a resolution can be beneficial to the orderly growth and\ncontinued viability of the localities of the Commonwealth the following\nprovisions are made:\n\n1. Any locality may enter voluntarily into agreement with any other locality or\ncombination of localities whereby any rights provided for its benefit in this\nsubtitle may be modified or waived in whole or in part, as determined by its\ngoverning body, provided that the modification or waiver does not conflict with\nthe Constitution of Virginia.\n\n2. The terms of the agreement may include fiscal arrangements, land use\narrangements, zoning arrangements, subdivision arrangements and arrangements for\ninfrastructure, revenue and economic growth sharing, provisions for the\nacceptance on each other’s behalf of proffered conditions under §\n15.2-2298 or 15.2-2303, dedication of all or any portion of tax revenues to a\nrevenue and economic growth sharing account, boundary line adjustments,\nacquisition of real property and buildings and the joint exercise or delegation\nof powers as well as the modification or waiver of specific annexation,\ntransition or immunity rights as determined by the local governing body\nincluding opposition to petitions filed pursuant to § 15.2-3203, and such\nother provisions as the parties deem in their best interest. The terms of the\nagreement may also provide for subsequent court review, instituted pursuant to\nprovisions contained in the agreement, by a special court convened under Chapter\n30 (§ 15.2-3000 et seq.) of this title.\n\n3. If a voluntary agreement is reached pursuant to this chapter, the governing\nbodies shall present to the Commission the proposed settlement. The Commission\nshall conduct a hearing pursuant to subsection A of § 15.2-2907. The\nCommission shall report, in writing, its findings and recommendations as to\nwhether the proposed settlement is in the best interest of the Commonwealth.\nSuch report shall not be binding upon any court but shall be advisory in nature\nonly.\n\n4. Upon receipt of the Commission report, the localities, by ordinance passed by\na recorded affirmative vote of a majority of the members of each governing body\nthereof, may adopt either the original or a modified agreement acceptable to all\nparties. Each local governing body shall advertise its intention to approve such\nagreement, or modified agreement, twice, with the first notice appearing no more\nthan 28 days before and the second notice appearing no less than seven days\nbefore the adoption of the ordinance in a newspaper having a general circulation\nin its jurisdiction. Such advertisements shall contain a descriptive summary of\nthe agreement or modified agreement. Each locality shall hold at least one\npublic hearing on the agreement or modified agreement prior to the adoption of\nthe ordinance. The publication shall include a statement that a copy of the\nagreement, or modified agreement, is on file in the office of the clerk of the\ncircuit court for each of the affected jurisdictions.\n\n5. The governing bodies shall petition a circuit court having jurisdiction in\none or more of the localities for an order affirming the proposed settlement.\nThe circuit court with which the petition is filed shall notify the Supreme\nCourt, which shall appoint a special court to hear the case as prescribed by\nChapter 30 (§ 15.2-3000 et seq.) of this title. The special court shall be\nlimited in its decision to either affirming or denying the voluntary agreement\nand shall have no authority, without the express approval of each local\ngoverning body, to amend or change the terms or conditions of the agreement, but\nshall have the authority to validate the agreement and give it full force and\neffect. The court shall affirm the agreement unless the court finds either that\nthe agreement is contrary to the best interests of the Commonwealth or that it\nis not in the best interests of each of the parties thereto. In determining\nwhether such agreement should be affirmed, the court shall consider, among other\nthings, whether the interest of the Commonwealth in promoting orderly growth and\nthe continued viability of localities has been met. If the agreement is\nvalidated and provides for annexation by a city or town, the agreement shall\ntake effect on the first day of the month succeeding validation of the agreement\nunless the agreement stipulates that the annexation shall be effective on some\nother date.\n\n6. The agreement shall not become binding on the localities until affirmed by\nthe special court under this section. Once approved by the special court, the\nagreement shall also bind future local governing bodies of the localities.\n\n7. The applicable provisions of this chapter shall be deemed to have been met\nwith regard to any voluntary fiscal agreement or voluntary agreement in\nsettlement of an annexation, transition or immunity petition or voluntary\nsettlement agreement entered into pursuant to this chapter (i) which was entered\ninto before July 1, 1990, (ii) which had been reviewed or was in the process of\nreview by the Commission on Local Government on or before July 1, 1990, (iii)\nwhich had been or was the subject of review by a special court convened under\nChapter 30 of this title on or before July 1, 1990, or (iv) which had been or\nwas approved by a special court convened under Chapter 30 of this title on or\nbefore July 1, 1990.\n\n8. The provisions of § 15.2-3226 shall apply when a voluntary agreement\nmade under this section includes the annexation of territory by a city or town.\nNo election for members of council shall be held as a result of such annexation\nunless the city or town increases its population by more than five percent due\nto the annexation.\n\nHISTORY: 1983, c. 523, \u00a7 15.1-1167.1; 1985, c. 478; 1986, c. 333; 1988, c. 881;\n1990, cc. 62, 326; 1994, c. 293; 1996, cc. 644, 650; 1997, c. 587; 2003, cc.\n197, 444, 583; 2006, c. 212; 2024, cc. 225, 242.","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}}