{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3807.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3807.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3807.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3807.html"}],"law_id":83950,"edition_id":1,"section_id":83950,"structure_id":13063,"section_number":"15.2-3807","catch_line":"Hearing and decision by court","history":"1979, c. 85, \u00a7 15.1-982.8; 1997, c. 587.","full_text":"A\n\nThe special court shall enter an order granting city status to a town if, after hearing the evidence, it finds that:1\n\nThe town has a minimum population of 5,000 persons;2\n\nThe town has the fiscal ability to function as an independent city and is able to provide appropriate urban-type services including, based on the advice of the State Department of Education, an independent school system;3\n\nThe creation of the new independent city will not substantially impair the ability of the county or counties from which the town is to be separated to meet the service needs of the remaining population, particularly in education, unless provision is made by order of the court or by agreement of the governing bodies to offset such impairment; and4\n\nAfter a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and promotion of 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, a grant of city status should be made.B\n\nAny order granting city status to a town shall set forth in detail all such terms and conditions upon which the city status is granted as are not provided in this chapter. The order shall be effective on January 1 following the year in which the order is issued or, in the discretion of the court, on the second January 1 following the year in which the order is issued. All county taxes assessed in the town for the year before which the transition becomes effective, and for all prior years, shall be paid to the county.C\n\nA copy of the order shall be certified to the Secretary of the Commonwealth.D\n\nIf a majority of the court is of the opinion that the criteria set out in subsection A have not been met, then the petition shall be dismissed.E\n\nThe court shall render a written opinion in every case brought under this chapter.","order_by":null,"text":{"0":{"id":300836,"text":"The special court shall enter an order granting city status to a town 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":300837,"text":"The town has a minimum population of 5,000 persons;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":300838,"text":"The town has the fiscal ability to function as an independent city and is able to provide appropriate urban-type services including, based on the advice of the State Department of Education, an independent school system;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":300839,"text":"The creation of the new independent city will not substantially impair the ability of the county or counties from which the town is to be separated to meet the service needs of the remaining population, particularly in education, unless provision is made by order of the court or by agreement of the governing bodies to offset such impairment; and","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":300840,"text":"After a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and promotion of 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, a grant of city status should be made.","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"B"},"5":{"id":300841,"text":"Any order granting city status to a town shall set forth in detail all such terms and conditions upon which the city status is granted as are not provided in this chapter. The order shall be effective on January 1 following the year in which the order is issued or, in the discretion of the court, on the second January 1 following the year in which the order is issued. All county taxes assessed in the town for the year before which the transition becomes effective, and for all prior years, shall be paid to the county.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A4","next_prefix":"C"},"6":{"id":300842,"text":"A copy of the order shall be certified to the Secretary of the Commonwealth.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"7":{"id":300843,"text":"If a majority of the court is of the opinion that the criteria set out in subsection A have not been met, then the petition shall be dismissed.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"8":{"id":300844,"text":"The court shall render a written opinion in every case brought under this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13063,"edition_id":1,"name":"Transition of Towns to Cities","identifier":"38","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:44:12","date_modified":"2026-06-26 03:44:12","permalink":{"id":157557,"object_type":"structure","relational_id":13063,"identifier":"38","token":"15.2\/III\/38","url":"\/15.2\/III\/38\/","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":80368,"structure_id":13063,"section_number":"15.2-3800","catch_line":"Ordinance petitioning court for city status; appointment of special court","url":"\/15.2-3800\/","token":"15.2\/III\/38\/15.2-3800","metadata":false},{"id":59085,"structure_id":13063,"section_number":"15.2-3801","catch_line":"Referendum","url":"\/15.2-3801\/","token":"15.2\/III\/38\/15.2-3801","metadata":false},{"id":80173,"structure_id":13063,"section_number":"15.2-3802","catch_line":"Town and county agreement concerning proposed city","url":"\/15.2-3802\/","token":"15.2\/III\/38\/15.2-3802","metadata":false},{"id":66107,"structure_id":13063,"section_number":"15.2-3803","catch_line":"Notice of motion; service and publication; answer or other pleading","url":"\/15.2-3803\/","token":"15.2\/III\/38\/15.2-3803","metadata":false},{"id":84061,"structure_id":13063,"section_number":"15.2-3804","catch_line":"Parties","url":"\/15.2-3804\/","token":"15.2\/III\/38\/15.2-3804","metadata":false},{"id":72646,"structure_id":13063,"section_number":"15.2-3805","catch_line":"Time limit for intervenors; publication of order","url":"\/15.2-3805\/","token":"15.2\/III\/38\/15.2-3805","metadata":false},{"id":71867,"structure_id":13063,"section_number":"15.2-3806","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3806\/","token":"15.2\/III\/38\/15.2-3806","metadata":false},{"id":83950,"structure_id":13063,"section_number":"15.2-3807","catch_line":"Hearing and decision by court","url":"\/15.2-3807\/","token":"15.2\/III\/38\/15.2-3807","metadata":false},{"id":67826,"structure_id":13063,"section_number":"15.2-3808","catch_line":"Assistance of state agencies","url":"\/15.2-3808\/","token":"15.2\/III\/38\/15.2-3808","metadata":false},{"id":62141,"structure_id":13063,"section_number":"15.2-3809","catch_line":"Appeals","url":"\/15.2-3809\/","token":"15.2\/III\/38\/15.2-3809","metadata":false},{"id":86663,"structure_id":13063,"section_number":"15.2-3810","catch_line":"Declining of grant of city status","url":"\/15.2-3810\/","token":"15.2\/III\/38\/15.2-3810","metadata":false},{"id":68815,"structure_id":13063,"section_number":"15.2-3811","catch_line":"Proceeding final for three years","url":"\/15.2-3811\/","token":"15.2\/III\/38\/15.2-3811","metadata":false},{"id":61530,"structure_id":13063,"section_number":"15.2-3812","catch_line":"Effect when town becomes city","url":"\/15.2-3812\/","token":"15.2\/III\/38\/15.2-3812","metadata":false},{"id":70595,"structure_id":13063,"section_number":"15.2-3813","catch_line":"Town liabilities and assets","url":"\/15.2-3813\/","token":"15.2\/III\/38\/15.2-3813","metadata":false},{"id":69704,"structure_id":13063,"section_number":"15.2-3814","catch_line":"Mayor of town to continue in office","url":"\/15.2-3814\/","token":"15.2\/III\/38\/15.2-3814","metadata":false},{"id":59418,"structure_id":13063,"section_number":"15.2-3815","catch_line":"Council of town to continue in office; additional members","url":"\/15.2-3815\/","token":"15.2\/III\/38\/15.2-3815","metadata":false},{"id":56370,"structure_id":13063,"section_number":"15.2-3816","catch_line":"Town treasurer to continue in office; appointment where town had no treasurer","url":"\/15.2-3816\/","token":"15.2\/III\/38\/15.2-3816","metadata":false},{"id":87034,"structure_id":13063,"section_number":"15.2-3817","catch_line":"Commissioner of revenue or assessor to continue in office; appointment where town had no commissioner or assessor","url":"\/15.2-3817\/","token":"15.2\/III\/38\/15.2-3817","metadata":false},{"id":74687,"structure_id":13063,"section_number":"15.2-3818","catch_line":"Town sergeant to continue in office","url":"\/15.2-3818\/","token":"15.2\/III\/38\/15.2-3818","metadata":false},{"id":84553,"structure_id":13063,"section_number":"15.2-3819","catch_line":"Election and terms of office of mayor and councilmen after town becomes city","url":"\/15.2-3819\/","token":"15.2\/III\/38\/15.2-3819","metadata":false},{"id":54116,"structure_id":13063,"section_number":"15.2-3820","catch_line":"Election and terms of other city officers","url":"\/15.2-3820\/","token":"15.2\/III\/38\/15.2-3820","metadata":false},{"id":58702,"structure_id":13063,"section_number":"15.2-3821","catch_line":"Qualification of officers; vacancies","url":"\/15.2-3821\/","token":"15.2\/III\/38\/15.2-3821","metadata":false},{"id":78502,"structure_id":13063,"section_number":"15.2-3822","catch_line":"Sharing of offices; transfer of jurisdiction","url":"\/15.2-3822\/","token":"15.2\/III\/38\/15.2-3822","metadata":false},{"id":71166,"structure_id":13063,"section_number":"15.2-3823","catch_line":"Tenure and reelection of county officer whose homesite becomes part of city","url":"\/15.2-3823\/","token":"15.2\/III\/38\/15.2-3823","metadata":false},{"id":66773,"structure_id":13063,"section_number":"15.2-3824","catch_line":"Town officers","url":"\/15.2-3824\/","token":"15.2\/III\/38\/15.2-3824","metadata":false},{"id":71501,"structure_id":13063,"section_number":"15.2-3825","catch_line":"Courts","url":"\/15.2-3825\/","token":"15.2\/III\/38\/15.2-3825","metadata":false},{"id":66417,"structure_id":13063,"section_number":"15.2-3826","catch_line":"Appointment of electoral board, sheriff, attorney for the Commonwealth and circuit court clerk","url":"\/15.2-3826\/","token":"15.2\/III\/38\/15.2-3826","metadata":false},{"id":78169,"structure_id":13063,"section_number":"15.2-3827","catch_line":"Transfer of assessments to city books","url":"\/15.2-3827\/","token":"15.2\/III\/38\/15.2-3827","metadata":false},{"id":61596,"structure_id":13063,"section_number":"15.2-3828","catch_line":"State, county and district taxes accruing before transition; county sales and use tax becomes city sales and use tax","url":"\/15.2-3828\/","token":"15.2\/III\/38\/15.2-3828","metadata":false},{"id":61008,"structure_id":13063,"section_number":"15.2-3829","catch_line":"Assumption of debt; adjustment","url":"\/15.2-3829\/","token":"15.2\/III\/38\/15.2-3829","metadata":false},{"id":69691,"structure_id":13063,"section_number":"15.2-3830","catch_line":"Certain costs and expenses to be apportioned between city and county","url":"\/15.2-3830\/","token":"15.2\/III\/38\/15.2-3830","metadata":false},{"id":62813,"structure_id":13063,"section_number":"15.2-3831","catch_line":"Registrars and their duties","url":"\/15.2-3831\/","token":"15.2\/III\/38\/15.2-3831","metadata":false},{"id":72807,"structure_id":13063,"section_number":"15.2-3832","catch_line":"Authority to city to provide by condemnation, etc., water, light, power and fuel","url":"\/15.2-3832\/","token":"15.2\/III\/38\/15.2-3832","metadata":false},{"id":80329,"structure_id":13063,"section_number":"15.2-3833","catch_line":"Chapter not applicable to cities already existing","url":"\/15.2-3833\/","token":"15.2\/III\/38\/15.2-3833","metadata":false},{"id":69864,"structure_id":13063,"section_number":"15.2-3834","catch_line":"Congressional, etc., districts and judicial circuit not changed","url":"\/15.2-3834\/","token":"15.2\/III\/38\/15.2-3834","metadata":false}],"previous_section":{"id":71867,"structure_id":13063,"section_number":"15.2-3806","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3806\/","token":"15.2\/III\/38\/15.2-3806","metadata":false},"next_section":{"id":67826,"structure_id":13063,"section_number":"15.2-3808","catch_line":"Assistance of state agencies","url":"\/15.2-3808\/","token":"15.2\/III\/38\/15.2-3808","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3807\/","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 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 587<\/a>.<\/p>","references":[{"id":80368,"section_number":"15.2-3800","catch_line":"Ordinance petitioning court for city status; appointment of special court","order_by":null,"url":"\/15.2-3800\/"},{"id":80173,"section_number":"15.2-3802","catch_line":"Town and county agreement concerning proposed city","order_by":null,"url":"\/15.2-3802\/"},{"id":61596,"section_number":"15.2-3828","catch_line":"State, county and district taxes accruing before transition; county sales and use tax becomes city sales and use tax","order_by":null,"url":"\/15.2-3828\/"}],"refers_to":false,"permalink":{"id":157587,"object_type":"law","relational_id":83950,"identifier":"15.2-3807","token":"15.2\/III\/38\/15.2-3807","url":"\/15.2-3807\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3807\/","token":"15.2\/III\/38\/15.2-3807","dublin_core":{"Title":"Hearing and decision by court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3807","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The special court<\/span> shall enter an order<\/span> granting city<\/span> status to a town<\/span> if, after hearing<\/span> the evidence<\/span>, it finds that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The town<\/span> has a minimum population of 5,000 persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The town<\/span> has the fiscal ability to function as an independent city<\/span> and is able to provide appropriate urban-type services including, based on the advice of the State Department of Education, an independent school system; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The creation of the new independent city<\/span> will not substantially impair the ability of the county<\/span> or counties from which the town<\/span> is to be separated to meet the service needs of the remaining population, particularly in education, unless provision is made by order<\/span> of the court<\/span> or by agreement of the governing bodies to offset such impairment; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> After a consideration of the best interests of the parties, the interest of the Commonwealth in the compliance with and promotion of 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, a grant of city<\/span> status should be made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any order<\/span> granting city<\/span> status to a town<\/span> shall set forth in detail all such terms and conditions upon which the city<\/span> status is granted as are not provided in this chapter. The order<\/span> shall be effective on January 1 following the year in which the order<\/span> is issued or, in the discretion of the court<\/span>, on the second January 1 following the year in which the order<\/span> is issued. All county<\/span> taxes assessed in the town<\/span> for the year before which the transition becomes effective, and for all prior years, shall be paid to the county<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A copy of the order<\/span> shall be certified to the Secretary of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a majority of the court<\/span> is of the opinion<\/span> that the criteria set out in subsection A have not been met, then the petition<\/span> shall be dismissed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The court<\/span> shall render a written opinion<\/span> in every case brought under this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING AND DECISION BY COURT (\u00a7 15.2-3807)\n\nA. The special court shall enter an order granting city status to a town if,\nafter hearing the evidence, it finds that:\n\n 1. The town has a minimum population of 5,000 persons;\n\n 2. The town has the fiscal ability to function as an independent city and is\n able to provide appropriate urban-type services including, based on the advice\n of the State Department of Education, an independent school system;\n\n 3. The creation of the new independent city will not substantially impair the\n ability of the county or counties from which the town is to be separated to\n meet the service needs of the remaining population, particularly in education,\n unless provision is made by order of the court or by agreement of the\n governing bodies to offset such impairment; and\n\n 4. After a consideration of the best interests of the parties, the interest of\n the Commonwealth in the compliance with and promotion of state policies with\n respect to environmental protection, public planning, education, public\n transportation, housing and other state service policies declared by the\n General Assembly, and the interest of the Commonwealth in promoting strong and\n viable units of government in the area, a grant of city status should be made.\n\nB. Any order granting city status to a town shall set forth in detail all such\nterms and conditions upon which the city status is granted as are not provided\nin this chapter. The order shall be effective on January 1 following the year in\nwhich the order is issued or, in the discretion of the court, on the second\nJanuary 1 following the year in which the order is issued. All county taxes\nassessed in the town for the year before which the transition becomes effective,\nand for all prior years, shall be paid to the county.\n\nC. A copy of the order shall be certified to the Secretary of the Commonwealth.\n\nD. If a majority of the court is of the opinion that the criteria set out in\nsubsection A have not been met, then the petition shall be dismissed.\n\nE. The court shall render a written opinion in every case brought under this\nchapter.\n\nHISTORY: 1979, c. 85, \u00a7 15.1-982.8; 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}}