{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-4313.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-4313.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-4313.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-4313.html"}],"law_id":66279,"edition_id":1,"section_id":66279,"structure_id":13499,"section_number":"15.2-4313","catch_line":"Proposals as to land acquisition or construction within district","history":"1977, c. 681, \u00a7 15.1-1512; 1979, c. 377; 1987, c. 552; 1997, c. 587; 1998, c. 833; 2000, c. 1069; 2024, cc. 225, 242.","full_text":"A\n\nAny agency of the Commonwealth or any political subdivision which intends to acquire land or any interest therein other than by gift, devise, bequest or grant, or any public service corporation which intends to: (i) acquire land or any interest therein for public utility facilities not subject to approval by the State Corporation Commission, provided that the proposed acquisition from any one farm or forestry operation within the district is in excess of one acre or that the total proposed acquisition within the district is in excess of ten acres or (ii) advance a grant, loan, interest subsidy or other funds within a district for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures, shall at least ninety days prior to such action notify the local governing body and all of the owners of land within the district. Notice to landowners shall be sent by first-class or registered mail and shall state that further information on the proposed action is on file with the local governing body. Notice to the local governing body shall be filed in the form of a report containing the following information:1\n\nA detailed description of the proposed action, including a proposed construction schedule;2\n\nAll the reasons for the proposed action;3\n\nA map indicating the land proposed to be acquired or on which the proposed dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures are to be constructed;4\n\nAn evaluation of anticipated short-term and long-term adverse impacts on agricultural and forestal operations within the district and how such impacts are proposed to be minimized;5\n\nAn evaluation of alternatives which would not require action within the district; and6\n\nAny other relevant information required by the local governing body.B\n\nUpon receipt of a notice filed pursuant to subsection A, the local governing body, in consultation with the local planning commission and the advisory committee, shall review the proposed action and make written findings as to (i) the effect the action would have upon the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the district and the policy of this chapter; (ii) the necessity of the proposed action to provide service to the public in the most economical and practical manner; and (iii) whether reasonable alternatives to the proposed action are available that would minimize or avoid any adverse impacts on agricultural and forestal resources within the district. If requested to do so by any owner of land that will be directly affected by the proposed action of the agency, corporation, or political subdivision, the Director of the Department of Conservation and Recreation, or his designee, may advise the local governing body on the issues listed in clauses (i), (ii) and (iii) of this subsection.C\n\nIf the local governing body finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) issue an order within ninety days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action for a period of 150 days from the date the notice was filed and (ii) hold a public hearing, as prescribed by law, concerning the proposed action. The hearing shall be held where the local governing body usually meets or at a place otherwise easily accessible to the district. The locality shall publish notice in a newspaper having a general circulation within the district no less than seven days before the hearing, and mail individual notice of the hearing to the political subdivisions whose territory encompasses or is part of the district, and the agency, corporation or political subdivision proposing to take the action. Before the conclusion of the 150-day period, the local governing body shall issue a final order on the proposed action. Unless the local governing body, by an affirmative vote of a majority of all the members elected to it, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action. If the agency, corporation or political subdivision is aggrieved by the final order of the local governing body, an appeal shall lie to the circuit court having jurisdiction of the territory wherein a majority of the land affected by the acquisition is located. However, if such public service corporation is regulated by the State Corporation Commission, an appeal shall be to the State Corporation Commission.","order_by":null,"text":{"0":{"id":240699,"text":"Any agency of the Commonwealth or any political subdivision which intends to acquire land or any interest therein other than by gift, devise, bequest or grant, or any public service corporation which intends to: (i) acquire land or any interest therein for public utility facilities not subject to approval by the State Corporation Commission, provided that the proposed acquisition from any one farm or forestry operation within the district is in excess of one acre or that the total proposed acquisition within the district is in excess of ten acres or (ii) advance a grant, loan, interest subsidy or other funds within a district for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures, shall at least ninety days prior to such action notify the local governing body and all of the owners of land within the district. Notice to landowners shall be sent by first-class or registered mail and shall state that further information on the proposed action is on file with the local governing body. Notice to the local governing body shall be filed in the form of a report containing the following information:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":240700,"text":"A detailed description of the proposed action, including a proposed construction schedule;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":240701,"text":"All the reasons for the proposed action;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":240702,"text":"A map indicating the land proposed to be acquired or on which the proposed dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures are to be constructed;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":240703,"text":"An evaluation of anticipated short-term and long-term adverse impacts on agricultural and forestal operations within the district and how such impacts are proposed to be minimized;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":240704,"text":"An evaluation of alternatives which would not require action within the district; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":240705,"text":"Any other relevant information required by the local governing body.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":240706,"text":"Upon receipt of a notice filed pursuant to subsection A, the local governing body, in consultation with the local planning commission and the advisory committee, shall review the proposed action and make written findings as to (i) the effect the action would have upon the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the district and the policy of this chapter; (ii) the necessity of the proposed action to provide service to the public in the most economical and practical manner; and (iii) whether reasonable alternatives to the proposed action are available that would minimize or avoid any adverse impacts on agricultural and forestal resources within the district. If requested to do so by any owner of land that will be directly affected by the proposed action of the agency, corporation, or political subdivision, the Director of the Department of Conservation and Recreation, or his designee, may advise the local governing body on the issues listed in clauses (i), (ii) and (iii) of this subsection.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"C"},"8":{"id":240707,"text":"If the local governing body finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) issue an order within ninety days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action for a period of 150 days from the date the notice was filed and (ii) hold a public hearing, as prescribed by law, concerning the proposed action. The hearing shall be held where the local governing body usually meets or at a place otherwise easily accessible to the district. The locality shall publish notice in a newspaper having a general circulation within the district no less than seven days before the hearing, and mail individual notice of the hearing to the political subdivisions whose territory encompasses or is part of the district, and the agency, corporation or political subdivision proposing to take the action. Before the conclusion of the 150-day period, the local governing body shall issue a final order on the proposed action. Unless the local governing body, by an affirmative vote of a majority of all the members elected to it, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action. If the agency, corporation or political subdivision is aggrieved by the final order of the local governing body, an appeal shall lie to the circuit court having jurisdiction of the territory wherein a majority of the land affected by the acquisition is located. However, if such public service corporation is regulated by the State Corporation Commission, an appeal shall be to the State Corporation Commission.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":13499,"edition_id":1,"name":"Agricultural and Forestal Districts Act","identifier":"43","label":"chapter","depth":3,"order_by":1,"parent_id":12721,"metadata":{},"date_created":"2026-06-26 03:45:04","date_modified":"2026-06-26 03:45:04","permalink":{"id":157997,"object_type":"structure","relational_id":13499,"identifier":"43","token":"15.2\/IV\/43","url":"\/15.2\/IV\/43\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12721,"edition_id":1,"name":"Other Governmental Entities","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":157897,"object_type":"structure","relational_id":12721,"identifier":"IV","token":"15.2\/IV","url":"\/15.2\/IV\/","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":83266,"structure_id":13499,"section_number":"15.2-4300","catch_line":"Short title","url":"\/15.2-4300\/","token":"15.2\/IV\/43\/15.2-4300","metadata":false},{"id":78071,"structure_id":13499,"section_number":"15.2-4301","catch_line":"Declaration of policy findings and purpose","url":"\/15.2-4301\/","token":"15.2\/IV\/43\/15.2-4301","metadata":false},{"id":61769,"structure_id":13499,"section_number":"15.2-4302","catch_line":"Definitions","url":"\/15.2-4302\/","token":"15.2\/IV\/43\/15.2-4302","metadata":false},{"id":84802,"structure_id":13499,"section_number":"15.2-4303","catch_line":"Power of localities to enact ordinances; application form and fees; maps; sample form","url":"\/15.2-4303\/","token":"15.2\/IV\/43\/15.2-4303","metadata":false},{"id":67090,"structure_id":13499,"section_number":"15.2-4304","catch_line":"Agricultural and forestal districts advisory committee","url":"\/15.2-4304\/","token":"15.2\/IV\/43\/15.2-4304","metadata":false},{"id":55800,"structure_id":13499,"section_number":"15.2-4305","catch_line":"Application for creation of district in one or more localities; size and location of parcels","url":"\/15.2-4305\/","token":"15.2\/IV\/43\/15.2-4305","metadata":false},{"id":67788,"structure_id":13499,"section_number":"15.2-4306","catch_line":"Criteria for evaluating application","url":"\/15.2-4306\/","token":"15.2\/IV\/43\/15.2-4306","metadata":false},{"id":82465,"structure_id":13499,"section_number":"15.2-4307","catch_line":"Review of application; notice; hearing","url":"\/15.2-4307\/","token":"15.2\/IV\/43\/15.2-4307","metadata":false},{"id":54465,"structure_id":13499,"section_number":"15.2-4308","catch_line":"Repealed","url":"\/15.2-4308\/","token":"15.2\/IV\/43\/15.2-4308","metadata":false},{"id":58833,"structure_id":13499,"section_number":"15.2-4309","catch_line":"Hearing; creation of district; conditions; notice","url":"\/15.2-4309\/","token":"15.2\/IV\/43\/15.2-4309","metadata":false},{"id":56331,"structure_id":13499,"section_number":"15.2-4310","catch_line":"Additions to a district","url":"\/15.2-4310\/","token":"15.2\/IV\/43\/15.2-4310","metadata":false},{"id":78028,"structure_id":13499,"section_number":"15.2-4311","catch_line":"Review of districts","url":"\/15.2-4311\/","token":"15.2\/IV\/43\/15.2-4311","metadata":false},{"id":77285,"structure_id":13499,"section_number":"15.2-4312","catch_line":"Effects of districts","url":"\/15.2-4312\/","token":"15.2\/IV\/43\/15.2-4312","metadata":false},{"id":66279,"structure_id":13499,"section_number":"15.2-4313","catch_line":"Proposals as to land acquisition or construction within district","url":"\/15.2-4313\/","token":"15.2\/IV\/43\/15.2-4313","metadata":false},{"id":83920,"structure_id":13499,"section_number":"15.2-4314","catch_line":"Withdrawal of land from a district; termination of a district","url":"\/15.2-4314\/","token":"15.2\/IV\/43\/15.2-4314","metadata":false}],"previous_section":{"id":77285,"structure_id":13499,"section_number":"15.2-4312","catch_line":"Effects of districts","url":"\/15.2-4312\/","token":"15.2\/IV\/43\/15.2-4312","metadata":false},"next_section":{"id":83920,"structure_id":13499,"section_number":"15.2-4314","catch_line":"Withdrawal of land from a district; termination of a district","url":"\/15.2-4314\/","token":"15.2\/IV\/43\/15.2-4314","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-4313\/","history_text":"<p>This law was first created in 1977. The record of its establishment is cataloged in chapter 681 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 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1979, chapter 377; in 1987, chapter 552; in 1997, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?971+ful+CHAP0587\">587<\/a>; in 1998, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?981+ful+CHAP0833\">833<\/a>; in 2000, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?001+ful+CHAP1069\">1069<\/a>; in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0225\">225<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0242\">242<\/a>.<\/p>","references":[{"id":82682,"section_number":"25.1-106","catch_line":"Condemnation of lands within agricultural and forestal districts","order_by":null,"url":"\/25.1-106\/"},{"id":86315,"section_number":"33.2-1002","catch_line":"Limitation on power of eminent domain","order_by":null,"url":"\/33.2-1002\/"}],"refers_to":false,"permalink":{"id":158051,"object_type":"law","relational_id":66279,"identifier":"15.2-4313","token":"15.2\/IV\/43\/15.2-4313","url":"\/15.2-4313\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-4313\/","token":"15.2\/IV\/43\/15.2-4313","dublin_core":{"Title":"Proposals as to land acquisition or construction within district","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-4313","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Any agency of the Commonwealth or any political subdivision which intends to acquire land or any interest therein other than by gift, devise, bequest or grant, or any public service corporation which intends to: (i) acquire land or any interest therein for public utility facilities not subject to approval by the State Corporation Commission, provided that the proposed acquisition from any one farm or forestry operation within the <span class=\"dictionary\">district<\/span> is in excess of one acre or that the total proposed acquisition within the <span class=\"dictionary\">district<\/span> is in excess of ten acres or (ii) advance a grant, loan, interest subsidy or other funds within a <span class=\"dictionary\">district<\/span> for the construction of dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures, shall at least ninety days prior to such action notify the local <span class=\"dictionary\">governing body<\/span> and all of the owners of land within the <span class=\"dictionary\">district<\/span>. Notice to <span class=\"dictionary\">landowners<\/span> shall be sent by first-class or registered mail and shall state that further information on the proposed action is on file with the local <span class=\"dictionary\">governing body<\/span>. Notice to the local <span class=\"dictionary\">governing body<\/span> shall be filed in the form of a report containing the following information: <a id=\"paragraph-240699\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#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> A detailed description of the proposed action, including a proposed construction schedule; <a id=\"paragraph-240700\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#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> All the reasons for the proposed action; <a id=\"paragraph-240701\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#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> A map indicating the land proposed to be acquired or on which the proposed dwellings, commercial or industrial facilities, or water or sewer facilities to serve nonfarm structures are to be constructed; <a id=\"paragraph-240702\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> An evaluation of anticipated short-term and long-term adverse impacts on agricultural and forestal operations within the <span class=\"dictionary\">district<\/span> and how such impacts are proposed to be minimized; <a id=\"paragraph-240703\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> An evaluation of alternatives which would not require action within the <span class=\"dictionary\">district<\/span>; and <a id=\"paragraph-240704\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Any other relevant information required by the local <span class=\"dictionary\">governing body<\/span>. <a id=\"paragraph-240705\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#A6\"><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> Upon receipt of a notice filed pursuant to subsection A, the local <span class=\"dictionary\">governing body<\/span>, in consultation with the local planning commission and the <span class=\"dictionary\">advisory committee<\/span>, shall review the proposed action and make written <span class=\"dictionary\">findings<\/span> as to (i) the effect the action would have upon the preservation and enhancement of agriculture and forestry and agricultural and forestal resources within the <span class=\"dictionary\">district<\/span> and the policy of this chapter; (ii) the necessity of the proposed action to provide service to the public in the most economical and practical manner; and (iii) whether reasonable alternatives to the proposed action are available that would minimize or avoid any adverse impacts on agricultural and forestal resources within the <span class=\"dictionary\">district<\/span>. If requested to do so by any <span class=\"dictionary\">owner of land<\/span> that will be directly affected by the proposed action of the agency, corporation, or political subdivision, the Director of the Department of Conservation and Recreation, or his designee, may advise the local <span class=\"dictionary\">governing body<\/span> on the <span class=\"dictionary\">issues<\/span> listed in clauses (i), (ii) and (iii) of this subsection. <a id=\"paragraph-240706\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#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 the local <span class=\"dictionary\">governing body<\/span> finds that the proposed action might have an unreasonably adverse effect upon either state or local policy, it shall (i) <span class=\"dictionary\">issue<\/span> an order within ninety days from the date the notice was filed directing the agency, corporation or political subdivision not to take the proposed action for a period of 150 days from the date the notice was filed and (ii) hold a public <span class=\"dictionary\">hearing<\/span>, as prescribed by <span class=\"dictionary\">law<\/span>, concerning the proposed action. The <span class=\"dictionary\">hearing<\/span> shall be held where the local <span class=\"dictionary\">governing body<\/span> usually meets or at a place otherwise easily accessible to the <span class=\"dictionary\">district<\/span>. The <span class=\"dictionary\">locality<\/span> shall publish notice in a newspaper having a general circulation within the <span class=\"dictionary\">district<\/span> no less than seven days before the <span class=\"dictionary\">hearing<\/span>, and mail individual notice of the <span class=\"dictionary\">hearing<\/span> to the political subdivisions whose territory encompasses or is part of the <span class=\"dictionary\">district<\/span>, and the agency, corporation or political subdivision proposing to take the action. Before the conclusion of the 150-day period, the local <span class=\"dictionary\">governing body<\/span> shall <span class=\"dictionary\">issue<\/span> a <span class=\"dictionary\">final order<\/span> on the proposed action. Unless the local <span class=\"dictionary\">governing body<\/span>, by an affirmative vote of a majority of all the members elected to it, determines that the proposed action is necessary to provide service to the public in the most economic and practical manner and will not have an unreasonably adverse effect upon state or local policy, the order shall prohibit the agency, corporation or political subdivision from proceeding with the proposed action. If the agency, corporation or political subdivision is aggrieved by the <span class=\"dictionary\">final order<\/span> of the local <span class=\"dictionary\">governing body<\/span>, an <span class=\"dictionary\">appeal<\/span> shall lie to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> of the territory wherein a majority of the land affected by the acquisition is located. However, if such public service corporation is regulated by the State Corporation Commission, an <span class=\"dictionary\">appeal<\/span> shall be to the State Corporation Commission. <a id=\"paragraph-240707\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-4313\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROPOSALS AS TO LAND ACQUISITION OR CONSTRUCTION WITHIN DISTRICT (\u00a7 15.2-4313)\n\nA. Any agency of the Commonwealth or any political subdivision which intends to\nacquire land or any interest therein other than by gift, devise, bequest or\ngrant, or any public service corporation which intends to: (i) acquire land or\nany interest therein for public utility facilities not subject to approval by\nthe State Corporation Commission, provided that the proposed acquisition from\nany one farm or forestry operation within the district is in excess of one acre\nor that the total proposed acquisition within the district is in excess of ten\nacres or (ii) advance a grant, loan, interest subsidy or other funds within a\ndistrict for the construction of dwellings, commercial or industrial facilities,\nor water or sewer facilities to serve nonfarm structures, shall at least ninety\ndays prior to such action notify the local governing body and all of the owners\nof land within the district. Notice to landowners shall be sent by first-class\nor registered mail and shall state that further information on the proposed\naction is on file with the local governing body. Notice to the local governing\nbody shall be filed in the form of a report containing the following\ninformation:\n\n   1. A detailed description of the proposed action, including a proposed\n   construction schedule;\n\n   2. All the reasons for the proposed action;\n\n   3. A map indicating the land proposed to be acquired or on which the proposed\n   dwellings, commercial or industrial facilities, or water or sewer facilities\n   to serve nonfarm structures are to be constructed;\n\n   4. An evaluation of anticipated short-term and long-term adverse impacts on\n   agricultural and forestal operations within the district and how such impacts\n   are proposed to be minimized;\n\n   5. An evaluation of alternatives which would not require action within the\n   district; and\n\n   6. Any other relevant information required by the local governing body.\n\nB. Upon receipt of a notice filed pursuant to subsection A, the local governing\nbody, in consultation with the local planning commission and the advisory\ncommittee, shall review the proposed action and make written findings as to (i)\nthe effect the action would have upon the preservation and enhancement of\nagriculture and forestry and agricultural and forestal resources within the\ndistrict and the policy of this chapter; (ii) the necessity of the proposed\naction to provide service to the public in the most economical and practical\nmanner; and (iii) whether reasonable alternatives to the proposed action are\navailable that would minimize or avoid any adverse impacts on agricultural and\nforestal resources within the district. If requested to do so by any owner of\nland that will be directly affected by the proposed action of the agency,\ncorporation, or political subdivision, the Director of the Department of\nConservation and Recreation, or his designee, may advise the local governing\nbody on the issues listed in clauses (i), (ii) and (iii) of this subsection.\n\nC. If the local governing body finds that the proposed action might have an\nunreasonably adverse effect upon either state or local policy, it shall (i)\nissue an order within ninety days from the date the notice was filed directing\nthe agency, corporation or political subdivision not to take the proposed action\nfor a period of 150 days from the date the notice was filed and (ii) hold a\npublic hearing, as prescribed by law, concerning the proposed action. The\nhearing shall be held where the local governing body usually meets or at a place\notherwise easily accessible to the district. The locality shall publish notice\nin a newspaper having a general circulation within the district no less than\nseven days before the hearing, and mail individual notice of the hearing to the\npolitical subdivisions whose territory encompasses or is part of the district,\nand the agency, corporation or political subdivision proposing to take the\naction. Before the conclusion of the 150-day period, the local governing body\nshall issue a final order on the proposed action. Unless the local governing\nbody, by an affirmative vote of a majority of all the members elected to it,\ndetermines that the proposed action is necessary to provide service to the\npublic in the most economic and practical manner and will not have an\nunreasonably adverse effect upon state or local policy, the order shall prohibit\nthe agency, corporation or political subdivision from proceeding with the\nproposed action. If the agency, corporation or political subdivision is\naggrieved by the final order of the local governing body, an appeal shall lie to\nthe circuit court having jurisdiction of the territory wherein a majority of the\nland affected by the acquisition is located. However, if such public service\ncorporation is regulated by the State Corporation Commission, an appeal shall be\nto the State Corporation Commission.\n\nHISTORY: 1977, c. 681, \u00a7 15.1-1512; 1979, c. 377; 1987, c. 552; 1997, c. 587;\n1998, c. 833; 2000, c. 1069; 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}}