{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3602.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3602.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3602.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3602.html"}],"law_id":81086,"edition_id":1,"section_id":81086,"structure_id":15217,"section_number":"15.2-3602","catch_line":"Proof required and order for incorporation","history":"Code 1950, \u00a7 15-67; 1950, p. 443; 1956, c. 217; 1962, c. 623, \u00a7 15.1-967; 1964, c. 467; 1972, c. 863; 1979, c. 85; 1980, c. 45; 1997, c. 587.","full_text":"A\n\nThe special court shall order that the proposed town be incorporated upon proof that:1\n\nIt will be in the interest of the inhabitants within the proposed town;2\n\nThe prayer of the petition is reasonable;3\n\nThe general good of the community will be promoted;4\n\nThe number of inhabitants of the proposed town exceeds 1,000;5\n\nThe area of land designated to be embraced within the town is not excessive;6\n\nThe population density of the county in which such community is located does not exceed 200 persons per square mile according to the last preceding United States census, or other census directed by the court; and7\n\nThe services required by the community cannot be provided by the establishment of a sanitary district, or under other arrangements provided by law, or through extension of existing services provided by the county in which the community is located.B\n\nThe order shall recite the substance of the petition and the due publication thereof, and that the requirements of subsection A have been met. The order shall (i) be entered upon the court’s common-law order book, (ii) decree that the community is incorporated as a town by the name of “The Town of ____________________ (naming it),” and (iii) designate the metes and bounds of the town or incorporate by reference the recorded plat. Thereafter the inhabitants within such bounds shall be a body politic and corporate, with all the powers, privileges and duties conferred upon and appertaining to towns under the general law. However, such town shall perform no municipal services or contract any debt until its governing body is elected, qualifies and takes office. A copy of the order shall be certified by the court to the Secretary of the Commonwealth, who shall certify it to all proper officers of the Commonwealth. No town created under this section subsequent to January 1, 1972, and no city formed from such town shall consolidate with any county or portion thereof under the provisions of Article 2 (§ 15.2-3520 et seq.) of Chapter 35 of this title.","order_by":null,"text":{"0":{"id":290618,"text":"The special court shall order that the proposed town be incorporated upon proof that:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":290619,"text":"It will be in the interest of the inhabitants within the proposed town;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":290620,"text":"The prayer of the petition is reasonable;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":290621,"text":"The general good of the community will be promoted;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":290622,"text":"The number of inhabitants of the proposed town exceeds 1,000;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":290623,"text":"The area of land designated to be embraced within the town is not excessive;","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":290624,"text":"The population density of the county in which such community is located does not exceed 200 persons per square mile according to the last preceding United States census, or other census directed by the court; and","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"A7"},"7":{"id":290625,"text":"The services required by the community cannot be provided by the establishment of a sanitary district, or under other arrangements provided by law, or through extension of existing services provided by the county in which the community is located.","type":"section","prefixes":["A","7"],"prefix":"7","entire_prefix":"A7","prefix_anchor":"A7","level":2,"prior_prefix":"A6","next_prefix":"B"},"8":{"id":290626,"text":"The order shall recite the substance of the petition and the due publication thereof, and that the requirements of subsection A have been met. The order shall (i) be entered upon the court’s common-law order book, (ii) decree that the community is incorporated as a town by the name of “The Town of ____________________ (naming it),” and (iii) designate the metes and bounds of the town or incorporate by reference the recorded plat. Thereafter the inhabitants within such bounds shall be a body politic and corporate, with all the powers, privileges and duties conferred upon and appertaining to towns under the general law. However, such town shall perform no municipal services or contract any debt until its governing body is elected, qualifies and takes office. A copy of the order shall be certified by the court to the Secretary of the Commonwealth, who shall certify it to all proper officers of the Commonwealth. No town created under this section subsequent to January 1, 1972, and no city formed from such town shall consolidate with any county or portion thereof under the provisions of Article 2 (§ 15.2-3520 et seq.) of Chapter 35 of this title.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A7"}},"ancestry":[{"id":15217,"edition_id":1,"name":"Incorporation of Towns by Judicial Proceeding","identifier":"36","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:53:07","date_modified":"2026-06-26 03:53:07","permalink":{"id":157477,"object_type":"structure","relational_id":15217,"identifier":"36","token":"15.2\/III\/36","url":"\/15.2\/III\/36\/","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":57952,"structure_id":15217,"section_number":"15.2-3600","catch_line":"Petition for incorporation of community; appointment of special court","url":"\/15.2-3600\/","token":"15.2\/III\/36\/15.2-3600","metadata":false},{"id":71496,"structure_id":15217,"section_number":"15.2-3601","catch_line":"Hearing before Commission on Local Government; notice; parties; finding of Commission","url":"\/15.2-3601\/","token":"15.2\/III\/36\/15.2-3601","metadata":false},{"id":81086,"structure_id":15217,"section_number":"15.2-3602","catch_line":"Proof required and order for incorporation","url":"\/15.2-3602\/","token":"15.2\/III\/36\/15.2-3602","metadata":false},{"id":74965,"structure_id":15217,"section_number":"15.2-3603","catch_line":"Request for charter","url":"\/15.2-3603\/","token":"15.2\/III\/36\/15.2-3603","metadata":false},{"id":73019,"structure_id":15217,"section_number":"15.2-3604","catch_line":"How first election ordered and held","url":"\/15.2-3604\/","token":"15.2\/III\/36\/15.2-3604","metadata":false},{"id":78094,"structure_id":15217,"section_number":"15.2-3605","catch_line":"How appeals granted and heard","url":"\/15.2-3605\/","token":"15.2\/III\/36\/15.2-3605","metadata":false}],"previous_section":{"id":71496,"structure_id":15217,"section_number":"15.2-3601","catch_line":"Hearing before Commission on Local Government; notice; parties; finding of Commission","url":"\/15.2-3601\/","token":"15.2\/III\/36\/15.2-3601","metadata":false},"next_section":{"id":74965,"structure_id":15217,"section_number":"15.2-3603","catch_line":"Request for charter","url":"\/15.2-3603\/","token":"15.2\/III\/36\/15.2-3603","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3602\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 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 1956, chapter 217; in 1962, chapter 623; in 1964, chapter 467; in 1972, chapter 863; in 1979, chapter 85; in 1980, chapter 45; in 1997, chapter 587<\/a>.<\/p>","references":[{"id":71496,"section_number":"15.2-3601","catch_line":"Hearing before Commission on Local Government; notice; parties; finding of Commission","order_by":null,"url":"\/15.2-3601\/"}],"refers_to":[{"id":62773,"section_number":"15.2-3520","catch_line":"Counties, cities and towns specified; alternative consolidations","order_by":null,"url":"\/15.2-3520\/"}],"permalink":{"id":157487,"object_type":"law","relational_id":81086,"identifier":"15.2-3602","token":"15.2\/III\/36\/15.2-3602","url":"\/15.2-3602\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3602\/","token":"15.2\/III\/36\/15.2-3602","dublin_core":{"Title":"Proof required and order for incorporation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3602","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The special court<\/span> shall order<\/span> that the proposed town<\/span> be incorporated upon proof that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> It will be in the interest of the inhabitants within the proposed town<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The prayer of the petition<\/span> is reasonable; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The general good of the community will be promoted; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> The number of inhabitants of the proposed town<\/span> exceeds 1,000; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The area of land designated to be embraced within the town<\/span> is not excessive; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The population density of the county<\/span> in which such community is located does not exceed 200 persons per square mile according to the last preceding United States census, or other census directed by the court<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> The services required by the community cannot be provided by the establishment of a sanitary district, or under other arrangements provided by law<\/span>, or through extension of existing services provided by the county<\/span> in which the community is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The order<\/span> shall recite the substance of the petition<\/span> and the due publication thereof, and that the requirements of subsection A have been met. The order<\/span> shall (i) be entered upon the court<\/span>’s common-law<\/span> order<\/span> book, (ii) decree<\/span> that the community is incorporated as a town<\/span> by the name of “The Town<\/span> of ____________________ (naming it),” and (iii) designate the metes and bounds of the town<\/span> or incorporate by reference the recorded plat. Thereafter the inhabitants within such bounds shall be a body politic and corporate, with all the powers, privileges<\/span> and duties conferred upon and appertaining to towns<\/span> under the general law<\/span>. However, such town<\/span> shall perform no municipal services or contract<\/span> any debt until its governing body<\/span> is elected, qualifies and takes office. A copy of the order<\/span> shall be certified by the court<\/span> to the Secretary of the Commonwealth, who shall certify it to all proper officers of the Commonwealth. No town<\/span> created under this section subsequent to January 1, 1972, and no city<\/span> formed from such town<\/span> shall consolidate with any county<\/span> or portion thereof under the provisions of Article 2 (§ 15.2-3520<\/a> et seq.) of Chapter 35 of this title. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROOF REQUIRED AND ORDER FOR INCORPORATION (\u00a7 15.2-3602)\n\nA. The special court shall order that the proposed town be incorporated upon\nproof that:\n\n 1. It will be in the interest of the inhabitants within the proposed town;\n\n 2. The prayer of the petition is reasonable;\n\n 3. The general good of the community will be promoted;\n\n 4. The number of inhabitants of the proposed town exceeds 1,000;\n\n 5. The area of land designated to be embraced within the town is not\n excessive;\n\n 6. The population density of the county in which such community is located\n does not exceed 200 persons per square mile according to the last preceding\n United States census, or other census directed by the court; and\n\n 7. The services required by the community cannot be provided by the\n establishment of a sanitary district, or under other arrangements provided by\n law, or through extension of existing services provided by the county in which\n the community is located.\n\nB. The order shall recite the substance of the petition and the due publication\nthereof, and that the requirements of subsection A have been met. The order\nshall (i) be entered upon the court’s common-law order book, (ii) decree\nthat the community is incorporated as a town by the name of “The Town of\n____________________ (naming it),” and (iii) designate the metes and\nbounds of the town or incorporate by reference the recorded plat. Thereafter the\ninhabitants within such bounds shall be a body politic and corporate, with all\nthe powers, privileges and duties conferred upon and appertaining to towns under\nthe general law. However, such town shall perform no municipal services or\ncontract any debt until its governing body is elected, qualifies and takes\noffice. A copy of the order shall be certified by the court to the Secretary of\nthe Commonwealth, who shall certify it to all proper officers of the\nCommonwealth. No town created under this section subsequent to January 1, 1972,\nand no city formed from such town shall consolidate with any county or portion\nthereof under the provisions of Article 2 (§ 15.2-3520 et seq.) of Chapter\n35 of this title.\n\nHISTORY: Code 1950, \u00a7 15-67; 1950, p. 443; 1956, c. 217; 1962, c. 623, \u00a7\n15.1-967; 1964, c. 467; 1972, c. 863; 1979, c. 85; 1980, c. 45; 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}}