{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-3907.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-3907.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-3907.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-3907.html"}],"law_id":61723,"edition_id":1,"section_id":61723,"structure_id":13977,"section_number":"15.2-3907","catch_line":"Hearing and decision by court","history":"1979, c. 85, \u00a7 15.1-977.9; 1997, c. 587.","full_text":"A\n\nThe special court shall order an election to determine if the voters of the county desire the General Assembly to grant the county a municipal charter if, after hearing the evidence, it finds that:1\n\nThe county possesses at the time of the filing of the petition a minimum population of 20,000 persons and a density of population of at least 300 persons per square mile, or a minimum population of 50,000 persons and a density of population of at least 140 persons per square mile, based either on the latest United States census, on the latest estimates of the Weldon Cooper Center for Public Service of the University of Virginia, or on a special census conducted under court supervision; and2\n\nThe county has the fiscal capacity to function as an independent city and to provide appropriate services; and3\n\nAfter a consideration of the best interests of the parties, the interest of the Commonwealth in the county’s compliance with and 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 county is eligible for city status.B\n\nAn election held pursuant to this section shall comply with §§ 24.2-682 and 24.2-684. The order for election shall allow sufficient time for the preparation of a charter as hereafter provided for in this chapter. Such election shall be held no earlier than 180 days and no later than 300 days subsequent to the entry of the order of election.C\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 such eligibility.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 eligibility for city status shall be denied.E\n\nThe court shall render a written opinion in every case brought under the provisions of this chapter.","order_by":null,"text":{"0":{"id":225370,"text":"The special court shall order an election to determine if the voters of the county desire the General Assembly to grant the county a municipal charter 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":225371,"text":"The county possesses at the time of the filing of the petition a minimum population of 20,000 persons and a density of population of at least 300 persons per square mile, or a minimum population of 50,000 persons and a density of population of at least 140 persons per square mile, based either on the latest United States census, on the latest estimates of the Weldon Cooper Center for Public Service of the University of Virginia, or on a special census conducted under court supervision; and","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":225372,"text":"The county has the fiscal capacity to function as an independent city and 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":225373,"text":"After a consideration of the best interests of the parties, the interest of the Commonwealth in the county’s compliance with and 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 county 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":225374,"text":"An election held pursuant to this section shall comply with §§ 24.2-682 and 24.2-684. The order for election shall allow sufficient time for the preparation of a charter as hereafter provided for in this chapter. Such election shall be held no earlier than 180 days and no later than 300 days subsequent to the entry of the order of election.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A3","next_prefix":"C"},"5":{"id":225375,"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 such eligibility.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"6":{"id":225376,"text":"If a majority of the court is of the opinion that the criteria set out in subsection A have not been met, then eligibility for city status shall be denied.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"7":{"id":225377,"text":"The court shall render a written opinion in every case brought under the provisions of this chapter.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13977,"edition_id":1,"name":"Transition of Counties to Cities","identifier":"39","label":"chapter","depth":3,"order_by":1,"parent_id":13062,"metadata":{},"date_created":"2026-06-26 03:46:29","date_modified":"2026-06-26 03:46:29","permalink":{"id":157699,"object_type":"structure","relational_id":13977,"identifier":"39","token":"15.2\/III\/39","url":"\/15.2\/III\/39\/","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":78407,"structure_id":13977,"section_number":"15.2-3900","catch_line":"Transition authorized","url":"\/15.2-3900\/","token":"15.2\/III\/39\/15.2-3900","metadata":false},{"id":76616,"structure_id":13977,"section_number":"15.2-3901","catch_line":"Ordinance petitioning court to declare eligibility","url":"\/15.2-3901\/","token":"15.2\/III\/39\/15.2-3901","metadata":false},{"id":61945,"structure_id":13977,"section_number":"15.2-3902","catch_line":"Moratorium on annexation suits pending transition to city","url":"\/15.2-3902\/","token":"15.2\/III\/39\/15.2-3902","metadata":false},{"id":80983,"structure_id":13977,"section_number":"15.2-3903","catch_line":"Notice of motion; service and publication; answer","url":"\/15.2-3903\/","token":"15.2\/III\/39\/15.2-3903","metadata":false},{"id":70128,"structure_id":13977,"section_number":"15.2-3904","catch_line":"Parties","url":"\/15.2-3904\/","token":"15.2\/III\/39\/15.2-3904","metadata":false},{"id":78965,"structure_id":13977,"section_number":"15.2-3905","catch_line":"Time limit for intervenors; publication of order","url":"\/15.2-3905\/","token":"15.2\/III\/39\/15.2-3905","metadata":false},{"id":55673,"structure_id":13977,"section_number":"15.2-3906","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3906\/","token":"15.2\/III\/39\/15.2-3906","metadata":false},{"id":61723,"structure_id":13977,"section_number":"15.2-3907","catch_line":"Hearing and decision by court","url":"\/15.2-3907\/","token":"15.2\/III\/39\/15.2-3907","metadata":false},{"id":72364,"structure_id":13977,"section_number":"15.2-3908","catch_line":"Assistance of state agencies","url":"\/15.2-3908\/","token":"15.2\/III\/39\/15.2-3908","metadata":false},{"id":55978,"structure_id":13977,"section_number":"15.2-3909","catch_line":"Appeals","url":"\/15.2-3909\/","token":"15.2\/III\/39\/15.2-3909","metadata":false},{"id":62362,"structure_id":13977,"section_number":"15.2-3910","catch_line":"Charter commission; appointment; compensation","url":"\/15.2-3910\/","token":"15.2\/III\/39\/15.2-3910","metadata":false},{"id":76353,"structure_id":13977,"section_number":"15.2-3911","catch_line":"Charter provisions generally","url":"\/15.2-3911\/","token":"15.2\/III\/39\/15.2-3911","metadata":false},{"id":67433,"structure_id":13977,"section_number":"15.2-3912","catch_line":"Optional charter provisions","url":"\/15.2-3912\/","token":"15.2\/III\/39\/15.2-3912","metadata":false},{"id":79171,"structure_id":13977,"section_number":"15.2-3913","catch_line":"Public hearing on charter; notice and publication; adoption of charter by governing body","url":"\/15.2-3913\/","token":"15.2\/III\/39\/15.2-3913","metadata":false},{"id":61609,"structure_id":13977,"section_number":"15.2-3914","catch_line":"Rejection or adoption of charter at election","url":"\/15.2-3914\/","token":"15.2\/III\/39\/15.2-3914","metadata":false},{"id":84387,"structure_id":13977,"section_number":"15.2-3915","catch_line":"Transition of county to independent city requires no action of town council","url":"\/15.2-3915\/","token":"15.2\/III\/39\/15.2-3915","metadata":false},{"id":63924,"structure_id":13977,"section_number":"15.2-3916","catch_line":"Creation of townships; effect on town charters; right of certain townships to obtain city status","url":"\/15.2-3916\/","token":"15.2\/III\/39\/15.2-3916","metadata":false},{"id":55047,"structure_id":13977,"section_number":"15.2-3917","catch_line":"Certain cities not affected by chapter","url":"\/15.2-3917\/","token":"15.2\/III\/39\/15.2-3917","metadata":false},{"id":79729,"structure_id":13977,"section_number":"15.2-3918","catch_line":"Optional status of streets","url":"\/15.2-3918\/","token":"15.2\/III\/39\/15.2-3918","metadata":false},{"id":78203,"structure_id":13977,"section_number":"15.2-3919","catch_line":"Legislative, etc., district and judicial circuit not affected","url":"\/15.2-3919\/","token":"15.2\/III\/39\/15.2-3919","metadata":false}],"previous_section":{"id":55673,"structure_id":13977,"section_number":"15.2-3906","catch_line":"Pretrial conference; matters considered","url":"\/15.2-3906\/","token":"15.2\/III\/39\/15.2-3906","metadata":false},"next_section":{"id":72364,"structure_id":13977,"section_number":"15.2-3908","catch_line":"Assistance of state agencies","url":"\/15.2-3908\/","token":"15.2\/III\/39\/15.2-3908","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3907\/","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":76616,"section_number":"15.2-3901","catch_line":"Ordinance petitioning court to declare eligibility","order_by":null,"url":"\/15.2-3901\/"},{"id":62362,"section_number":"15.2-3910","catch_line":"Charter commission; appointment; compensation","order_by":null,"url":"\/15.2-3910\/"}],"refers_to":[{"id":77612,"section_number":"24.2-682","catch_line":"Times for special elections","order_by":null,"url":"\/24.2-682\/"},{"id":82479,"section_number":"24.2-684","catch_line":"How referendum elections called and held, and the results ascertained and certified","order_by":null,"url":"\/24.2-684\/"}],"permalink":{"id":157729,"object_type":"law","relational_id":61723,"identifier":"15.2-3907","token":"15.2\/III\/39\/15.2-3907","url":"\/15.2-3907\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-3907\/","token":"15.2\/III\/39\/15.2-3907","dublin_core":{"Title":"Hearing and decision by court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3907","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The special court<\/span> shall order<\/span> an election to determine if the voters<\/span> of the county<\/span> desire the General Assembly to grant the county<\/span> a municipal charter if, after hearing<\/span> the evidence<\/span>, it finds that: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The county<\/span> possesses at the time of the filing of the petition<\/span> a minimum population of 20,000 persons and a density of population of at least 300 persons per square mile, or a minimum population of 50,000 persons and a density of population of at least 140 persons per square mile, based either on the latest United States census, on the latest estimates of the Weldon Cooper Center for Public Service of the University of Virginia, or on a special census conducted under court<\/span> supervision; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The county<\/span> has the fiscal capacity to function as an independent city<\/span> and to provide appropriate services; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> After a consideration of the best interests of the parties, the interest of the Commonwealth in the county<\/span>’s compliance with and 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 county<\/span> is eligible for city<\/span> status. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An election held pursuant to this section shall comply with §§ 24.2-682<\/a> and 24.2-684<\/a>. The order<\/span> for election shall allow sufficient time for the preparation of a charter as hereafter provided for in this chapter. Such election shall be held no earlier than 180 days and no later than 300 days subsequent to the entry of the order<\/span> of election. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The court<\/span> shall be limited in its decision to granting or denying eligibility for city<\/span> status and shall have no authority to impose terms or conditions with respect to such eligibility. <\/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 eligibility for city<\/span> status shall be denied. <\/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 the provisions of this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHEARING AND DECISION BY COURT (\u00a7 15.2-3907)\n\nA. The special court shall order an election to determine if the voters of the\ncounty desire the General Assembly to grant the county a municipal charter if,\nafter hearing the evidence, it finds that:\n\n 1. The county possesses at the time of the filing of the petition a minimum\n population of 20,000 persons and a density of population of at least 300\n persons per square mile, or a minimum population of 50,000 persons and a\n density of population of at least 140 persons per square mile, based either on\n the latest United States census, on the latest estimates of the Weldon Cooper\n Center for Public Service of the University of Virginia, or on a special\n census conducted under court supervision; and\n\n 2. The county has the fiscal capacity to function as an independent city and\n 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 county’s compliance with and promotion of\n applicable State policies with respect to environmental protection, public\n planning, education, public transportation, housing and other State service\n policies declared by the General Assembly, and the interest of the\n Commonwealth in promoting strong and viable units of government in the area,\n the county is eligible for city status.\n\nB. An election held pursuant to this section shall comply with §§\n24.2-682 and 24.2-684. The order for election shall allow sufficient time for\nthe preparation of a charter as hereafter provided for in this chapter. Such\nelection shall be held no earlier than 180 days and no later than 300 days\nsubsequent to the entry of the order of election.\n\nC. 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 such eligibility.\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 eligibility for city status shall be\ndenied.\n\nE. The court shall render a written opinion in every case brought under the\nprovisions of this chapter.\n\nHISTORY: 1979, c. 85, \u00a7 15.1-977.9; 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}}