{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3526.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3526.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3526.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3526.html"}],"law_id":72751,"edition_id":1,"section_id":72751,"structure_id":13191,"section_number":"15.2-3526","catch_line":"Hearing and decision by court","history":"1979, c. 85, \u00a7 15.1-1130.8; 1997, c. 587.","full_text":"A\n\nThe court shall order an election to be held as provided in \u00a7 15.2-3538 if, after hearing the evidence, it finds that:1\n\nThe proposed consolidation has a minimum population of 20,000 persons and a density of at least 300 persons per square mile, or a minimum population of 50,000 persons and a population density of at least 140 persons per square mile, based on the latest United States census, or 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; however, where the proposed consolidation includes an existing city, the population and density requirements set forth in this subdivision shall not apply;2\n\nThe proposed consolidation has the fiscal capacity to function as an independent city and is able to provide appropriate services; and3\n\nAfter a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing and other state service policies declared by the General Assembly, and the interest of the Commonwealth in promoting strong and viable units of government in the area, the proposed consolidation is eligible for city status.B\n\nThe court shall be limited in its decision to granting or denying eligibility for city status and shall have no authority to impose terms or conditions with respect to a proposed consolidation.C\n\nIf a majority of the court is of the opinion that the criteria set out in subsection A herein have not been met, then eligibility for city status shall be denied.D\n\nThe court shall render a written opinion in every case brought under the provisions of this article.","order_by":null,"text":{"0":{"id":262025,"text":"The court shall order an election to be held as provided in \u00a7 15.2-3538 if, after hearing the evidence, it finds that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":262026,"text":"The proposed consolidation has a minimum population of 20,000 persons and a density of at least 300 persons per square mile, or a minimum population of 50,000 persons and a population density of at least 140 persons per square mile, based on the latest United States census, or 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; however, where the proposed consolidation includes an existing city, the population and density requirements set forth in this subdivision shall not apply;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":262027,"text":"The proposed consolidation has the fiscal capacity to function as an independent city and is able to provide appropriate services; and","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":262028,"text":"After a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing and other state service policies declared by the General Assembly, and the interest of the Commonwealth in promoting strong and viable units of government in the area, the proposed consolidation is eligible for city status.","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"B"},"4":{"id":262029,"text":"The court shall be limited in its decision to granting or denying eligibility for city status and shall have no authority to impose terms or conditions with respect to a proposed consolidation.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":262030,"text":"If a majority of the court is of the opinion that the criteria set out in subsection A herein have not been met, then eligibility for city status shall be denied.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":262031,"text":"The court shall render a written opinion in every case brought under the provisions of this article.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13191,"edition_id":1,"name":"Consolidation of Certain Counties, Cities and Towns","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13098,"metadata":{},"date_created":"2026-06-26 03:44:25","date_modified":"2026-06-26 03:44:25","permalink":{"id":157351,"object_type":"structure","relational_id":13191,"identifier":"2","token":"15.2\/III\/35\/2","url":"\/15.2\/III\/35\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13098,"edition_id":1,"name":"Consolidation of Localities","identifier":"35","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:44:17","date_modified":"2026-06-26 03:44:17","permalink":{"id":157267,"object_type":"structure","relational_id":13098,"identifier":"35","token":"15.2\/III\/35","url":"\/15.2\/III\/35\/","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":62773,"structure_id":13191,"section_number":"15.2-3520","catch_line":"Counties, cities and towns specified; alternative consolidations","url":"\/15.2-3520\/","token":"15.2\/III\/35\/2\/15.2-3520","metadata":false},{"id":76869,"structure_id":13191,"section_number":"15.2-3521","catch_line":"Proposed consolidated city; notice of motion; service and publication","url":"\/15.2-3521\/","token":"15.2\/III\/35\/2\/15.2-3521","metadata":false},{"id":76330,"structure_id":13191,"section_number":"15.2-3522","catch_line":"Petition; appointment of special court","url":"\/15.2-3522\/","token":"15.2\/III\/35\/2\/15.2-3522","metadata":false},{"id":77723,"structure_id":13191,"section_number":"15.2-3523","catch_line":"Parties","url":"\/15.2-3523\/","token":"15.2\/III\/35\/2\/15.2-3523","metadata":false},{"id":56869,"structure_id":13191,"section_number":"15.2-3524","catch_line":"Time limit for intervenors","url":"\/15.2-3524\/","token":"15.2\/III\/35\/2\/15.2-3524","metadata":false},{"id":63758,"structure_id":13191,"section_number":"15.2-3525","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3525\/","token":"15.2\/III\/35\/2\/15.2-3525","metadata":false},{"id":72751,"structure_id":13191,"section_number":"15.2-3526","catch_line":"Hearing and decision by court","url":"\/15.2-3526\/","token":"15.2\/III\/35\/2\/15.2-3526","metadata":false},{"id":81937,"structure_id":13191,"section_number":"15.2-3527","catch_line":"Assistance of state agencies","url":"\/15.2-3527\/","token":"15.2\/III\/35\/2\/15.2-3527","metadata":false},{"id":74300,"structure_id":13191,"section_number":"15.2-3528","catch_line":"Appeals","url":"\/15.2-3528\/","token":"15.2\/III\/35\/2\/15.2-3528","metadata":false},{"id":67012,"structure_id":13191,"section_number":"15.2-3529","catch_line":"Consolidation agreement generally; advisory committee; filing agreement and referendum petition with court","url":"\/15.2-3529\/","token":"15.2\/III\/35\/2\/15.2-3529","metadata":false},{"id":57135,"structure_id":13191,"section_number":"15.2-3530","catch_line":"Continuation of services of Department of Transportation after consolidation","url":"\/15.2-3530\/","token":"15.2\/III\/35\/2\/15.2-3530","metadata":false},{"id":66517,"structure_id":13191,"section_number":"15.2-3531","catch_line":"Voters' petition requesting consolidation agreement and referendum","url":"\/15.2-3531\/","token":"15.2\/III\/35\/2\/15.2-3531","metadata":false},{"id":80311,"structure_id":13191,"section_number":"15.2-3532","catch_line":"Required provisions of consolidation agreement","url":"\/15.2-3532\/","token":"15.2\/III\/35\/2\/15.2-3532","metadata":false},{"id":54885,"structure_id":13191,"section_number":"15.2-3533","catch_line":"Transfer of property and indebtedness","url":"\/15.2-3533\/","token":"15.2\/III\/35\/2\/15.2-3533","metadata":false},{"id":57984,"structure_id":13191,"section_number":"15.2-3534","catch_line":"Optional provisions of consolidation agreement","url":"\/15.2-3534\/","token":"15.2\/III\/35\/2\/15.2-3534","metadata":false},{"id":55792,"structure_id":13191,"section_number":"15.2-3535","catch_line":"Advertising of charter","url":"\/15.2-3535\/","token":"15.2\/III\/35\/2\/15.2-3535","metadata":false},{"id":58929,"structure_id":13191,"section_number":"15.2-3536","catch_line":"Charter for consolidated city","url":"\/15.2-3536\/","token":"15.2\/III\/35\/2\/15.2-3536","metadata":false},{"id":74992,"structure_id":13191,"section_number":"15.2-3537","catch_line":"Publication of consolidation agreement","url":"\/15.2-3537\/","token":"15.2\/III\/35\/2\/15.2-3537","metadata":false},{"id":57289,"structure_id":13191,"section_number":"15.2-3538","catch_line":"Order for election","url":"\/15.2-3538\/","token":"15.2\/III\/35\/2\/15.2-3538","metadata":false},{"id":76047,"structure_id":13191,"section_number":"15.2-3539","catch_line":"Conduct of election","url":"\/15.2-3539\/","token":"15.2\/III\/35\/2\/15.2-3539","metadata":false},{"id":87413,"structure_id":13191,"section_number":"15.2-3540","catch_line":"Result of elections; determination of form of government","url":"\/15.2-3540\/","token":"15.2\/III\/35\/2\/15.2-3540","metadata":false},{"id":85286,"structure_id":13191,"section_number":"15.2-3541","catch_line":"General effect of consolidation; officers","url":"\/15.2-3541\/","token":"15.2\/III\/35\/2\/15.2-3541","metadata":false},{"id":84944,"structure_id":13191,"section_number":"15.2-3542","catch_line":"Governing body to be elected and take office before effective date of consolidation in certain cases; powers","url":"\/15.2-3542\/","token":"15.2\/III\/35\/2\/15.2-3542","metadata":false},{"id":67281,"structure_id":13191,"section_number":"15.2-3543","catch_line":"Electoral board, general registrar and officers of election","url":"\/15.2-3543\/","token":"15.2\/III\/35\/2\/15.2-3543","metadata":false},{"id":54206,"structure_id":13191,"section_number":"15.2-3544","catch_line":"Effect on pending suits","url":"\/15.2-3544\/","token":"15.2\/III\/35\/2\/15.2-3544","metadata":false},{"id":66202,"structure_id":13191,"section_number":"15.2-3545","catch_line":"Effect on assembly districts","url":"\/15.2-3545\/","token":"15.2\/III\/35\/2\/15.2-3545","metadata":false},{"id":81817,"structure_id":13191,"section_number":"15.2-3546","catch_line":"Effect on jurisdiction of courts","url":"\/15.2-3546\/","token":"15.2\/III\/35\/2\/15.2-3546","metadata":false},{"id":60743,"structure_id":13191,"section_number":"15.2-3547","catch_line":"Consolidation of entire county requires no action of town council","url":"\/15.2-3547\/","token":"15.2\/III\/35\/2\/15.2-3547","metadata":false},{"id":82967,"structure_id":13191,"section_number":"15.2-3548","catch_line":"Effect on town charter","url":"\/15.2-3548\/","token":"15.2\/III\/35\/2\/15.2-3548","metadata":false},{"id":66812,"structure_id":13191,"section_number":"15.2-3549","catch_line":"Powers of a tier-city","url":"\/15.2-3549\/","token":"15.2\/III\/35\/2\/15.2-3549","metadata":false},{"id":77012,"structure_id":13191,"section_number":"15.2-3550","catch_line":"Effect of consolidation into single county; exceptions for tier-city","url":"\/15.2-3550\/","token":"15.2\/III\/35\/2\/15.2-3550","metadata":false}],"previous_section":{"id":63758,"structure_id":13191,"section_number":"15.2-3525","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3525\/","token":"15.2\/III\/35\/2\/15.2-3525","metadata":false},"next_section":{"id":81937,"structure_id":13191,"section_number":"15.2-3527","catch_line":"Assistance of state agencies","url":"\/15.2-3527\/","token":"15.2\/III\/35\/2\/15.2-3527","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3526\/","history_text":"<p>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 1 time. 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. That modification is as follows: in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>.<\/p>","references":[{"id":62773,"section_number":"15.2-3520","catch_line":"Counties, cities and towns specified; alternative consolidations","order_by":null,"url":"\/15.2-3520\/"},{"id":57289,"section_number":"15.2-3538","catch_line":"Order for election","order_by":null,"url":"\/15.2-3538\/"}],"refers_to":[{"id":57289,"section_number":"15.2-3538","catch_line":"Order for election","order_by":null,"url":"\/15.2-3538\/"}],"permalink":{"id":157377,"object_type":"law","relational_id":72751,"identifier":"15.2-3526","token":"15.2\/III\/35\/2\/15.2-3526","url":"\/15.2-3526\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3526\/","token":"15.2\/III\/35\/2\/15.2-3526","dublin_core":{"Title":"Hearing and decision by court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3526","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> The <span class=\"dictionary\">court<\/span> shall <span class=\"dictionary\">order<\/span> an election to be held as provided in \u00a7&nbsp;<a class=\"law\" title=\"Order for election\" href=\"\/15.2-3538\/\">15.2-3538<\/a> if, after <span class=\"dictionary\">hearing<\/span> the <span class=\"dictionary\">evidence<\/span>, it finds that: <a id=\"paragraph-262025\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The proposed <span class=\"dictionary\">consolidation<\/span> has a minimum population of 20,000 persons and a density of at least 300 persons per square mile, or a minimum population of 50,000 persons and a population density of at least 140 persons per square mile, based on the latest United States census, or 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 <span class=\"dictionary\">court<\/span> supervision; however, where the proposed <span class=\"dictionary\">consolidation<\/span> includes an existing <span class=\"dictionary\">city<\/span>, the population and density requirements set forth in this subdivision shall not apply; <a id=\"paragraph-262026\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> The proposed <span class=\"dictionary\">consolidation<\/span> has the fiscal capacity to function as an independent <span class=\"dictionary\">city<\/span> and is able to provide appropriate services; and <a id=\"paragraph-262027\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> After a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and the promotion of applicable state policies with respect to environmental protection, public planning, education, public transportation, housing and other state service policies declared by the General Assembly, and the interest of the Commonwealth in promoting strong and viable units of government in the area, the proposed <span class=\"dictionary\">consolidation<\/span> is eligible for <span class=\"dictionary\">city<\/span> status. <a id=\"paragraph-262028\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#A3\"><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 <span class=\"dictionary\">court<\/span> shall be limited in its decision to granting or denying eligibility for <span class=\"dictionary\">city<\/span> status and shall have no authority to impose terms or conditions with respect to a proposed <span class=\"dictionary\">consolidation<\/span>. <a id=\"paragraph-262029\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#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> If a majority of the <span class=\"dictionary\">court<\/span> is of the <span class=\"dictionary\">opinion<\/span> that the criteria set out in subsection A herein have not been met, then eligibility for <span class=\"dictionary\">city<\/span> status shall be denied. <a id=\"paragraph-262030\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#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> The <span class=\"dictionary\">court<\/span> shall render a written <span class=\"dictionary\">opinion<\/span> in every case brought under the provisions of this article. <a id=\"paragraph-262031\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-3526\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nHEARING AND DECISION BY COURT (\u00a7 15.2-3526)\n\nA. The court shall order an election to be held as provided in \u00a7 15.2-3538 if,\nafter hearing the evidence, it finds that:\n\n   1. The proposed consolidation has a minimum population of 20,000 persons and a\n   density of at least 300 persons per square mile, or a minimum population of\n   50,000 persons and a population density of at least 140 persons per square\n   mile, based on the latest United States census, or on the latest population\n   estimates of the Weldon Cooper Center for Public Service of the University of\n   Virginia, or on a special census conducted under court supervision; however,\n   where the proposed consolidation includes an existing city, the population and\n   density requirements set forth in this subdivision shall not apply;\n\n   2. The proposed consolidation has the fiscal capacity to function as an\n   independent city and is able to provide appropriate services; and\n\n   3. After a consideration of the best interests of the parties, the interest of\n   the Commonwealth in the compliance with and the promotion of applicable state\n   policies with respect to environmental protection, public planning, education,\n   public transportation, housing and other state service policies declared by\n   the General Assembly, and the interest of the Commonwealth in promoting strong\n   and viable units of government in the area, the proposed consolidation is\n   eligible for city status.\n\nB. The court shall be limited in its decision to granting or denying eligibility\nfor city status and shall have no authority to impose terms or conditions with\nrespect to a proposed consolidation.\n\nC. If a majority of the court is of the opinion that the criteria set out in\nsubsection A herein have not been met, then eligibility for city status shall be\ndenied.\n\nD. The court shall render a written opinion in every case brought under the\nprovisions of this article.\n\nHISTORY: 1979, c. 85, \u00a7 15.1-1130.8; 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}}