{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/21-118.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/21-118.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/21-118.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/21-118.html"}],"law_id":73089,"edition_id":1,"section_id":73089,"structure_id":14019,"section_number":"21-118","catch_line":"Powers and duties of governing body","history":"1930, p. 1002; 1934, p. 494; 1936, p. 463; 1938, p. 19; Michie Code 1942, \u00a7 1560a; 1952, c. 113; 1956, c. 588; 1960, c. 36; 1962, c. 497; 1976, cc. 585, 684; 1977, cc. 276, 516; 1981, c. 564; 2002, c. 194; 2003, c. 940; 2017, c. 14; 2023, cc. 506, 507.","full_text":"After the adoption of such ordinance creating a sanitary district in such county, the governing body thereof shall have the following powers and duties, subject to the conditions and limitations hereinafter prescribed:\n\n1\n\nTo construct, maintain and operate water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary districts.2\n\nTo acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such district; and to sell, lease as lessor, transfer or dispose of any part of any such property, real, personal or mixed, so acquired in such manner and upon such terms as the governing body of the district may determine to be in the best interests of the district; provided a public hearing is first held with respect to such disposition at which inhabitants of the district shall have an opportunity to be heard. At least seven days&#8217; notice of the time and place of such hearing and a brief description of the property to be disposed shall be published in a newspaper of general circulation in the district. Such public hearing may be adjourned from time to time.3\n\nTo contract with any person, firm, corporation or municipality to construct, establish, maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district.4\n\nTo require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. The owners or tenants shall have the right of appeal to the circuit court or the judge thereof in vacation within 10 days from action by the governing body.5\n\nTo fix and prescribe or change the rates of charge for the use of any such system or systems after a public hearing upon notice as provided in &#xA7; 21-118.4 (d), and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission.6\n\nTo levy and collect an annual tax upon all the property in such sanitary district subject to local taxation to pay, either in whole or in part, the expenses and charges incident to constructing, maintaining and operating water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary district. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (&#xA7; 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent.7\n\nTo employ and fix the compensation of any technical, clerical or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation or maintenance of any such system or systems and sidewalks.8\n\nTo negotiate and contract with any person, firm, corporation or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district.9\n\nThe governing body shall have the same power and authority for the abatement of nuisances in such sanitary district as is vested by law in councils of cities and towns for the abatement of nuisances therein, and it shall be the duty of the governing body to exercise such power when any such nuisance shall be shown to exist.10\n\nProceedings for the acquisition of rights, title, interest or easements in and to real estate, by such sanitary districts in all cases in which they now have or may hereafter be given the right of eminent domain, may be instituted and conducted in the name of such sanitary district. If the property proposed to be condemned is:\n\t\t\ta. For a waterworks system, the procedure shall be in the manner and under the restrictions prescribed by Chapter 19.1 (&#xA7; 15.2-1908 et seq.) of Title 15.2, and by Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1;\n\t\t\tb. For the purpose of constructing water or sewer lines, the proceedings shall be instituted and conducted in accordance with the procedures prescribed either by Chapter 2 of Title 25.1 or in Chapter 3 (&#xA7; 25.1-300 et seq.) of Title 25.1; or\n\t\t\tc. For the purpose of constructing water and sewage treatment plants and facilities and improvements reasonably necessary to the construction and operation thereof, the proceedings shall be instituted and conducted in accordance with the procedures provided for the condemnation of land in Chapter 3 of Title 25.1.11\n\nTo appoint, employ and compensate out of the funds of the district as many persons as special policemen as may be deemed necessary to maintain order and enforce the criminal and police laws of the Commonwealth and of the county within such district. Such special policemen shall have, within such district and within one-half mile thereof, all of the powers vested in policemen appointed under the provisions of Article 1 (&#xA7; 15.2-1700 et seq.) of Chapter 17 of Title 15.2.","order_by":null,"text":{"0":{"id":263182,"text":"After the adoption of such ordinance creating a sanitary district in such county, the governing body thereof shall have the following powers and duties, subject to the conditions and limitations hereinafter prescribed:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":263183,"text":"To construct, maintain and operate water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary districts.","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":263184,"text":"To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such district; and to sell, lease as lessor, transfer or dispose of any part of any such property, real, personal or mixed, so acquired in such manner and upon such terms as the governing body of the district may determine to be in the best interests of the district; provided a public hearing is first held with respect to such disposition at which inhabitants of the district shall have an opportunity to be heard. At least seven days&#8217; notice of the time and place of such hearing and a brief description of the property to be disposed shall be published in a newspaper of general circulation in the district. Such public hearing may be adjourned from time to time.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":263185,"text":"To contract with any person, firm, corporation or municipality to construct, establish, maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district.","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":263186,"text":"To require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. The owners or tenants shall have the right of appeal to the circuit court or the judge thereof in vacation within 10 days from action by the governing body.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":263187,"text":"To fix and prescribe or change the rates of charge for the use of any such system or systems after a public hearing upon notice as provided in &#xA7; 21-118.4 (d), and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission.","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":263188,"text":"To levy and collect an annual tax upon all the property in such sanitary district subject to local taxation to pay, either in whole or in part, the expenses and charges incident to constructing, maintaining and operating water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary district. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (&#xA7; 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent.","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":263189,"text":"To employ and fix the compensation of any technical, clerical or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation or maintenance of any such system or systems and sidewalks.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6","next_prefix":"8"},"8":{"id":263190,"text":"To negotiate and contract with any person, firm, corporation or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district.","type":"section","prefixes":["8"],"prefix":"8","entire_prefix":"8","prefix_anchor":"8","level":1,"prior_prefix":"7","next_prefix":"9"},"9":{"id":263191,"text":"The governing body shall have the same power and authority for the abatement of nuisances in such sanitary district as is vested by law in councils of cities and towns for the abatement of nuisances therein, and it shall be the duty of the governing body to exercise such power when any such nuisance shall be shown to exist.","type":"section","prefixes":["9"],"prefix":"9","entire_prefix":"9","prefix_anchor":"9","level":1,"prior_prefix":"8","next_prefix":"10"},"10":{"id":263192,"text":"Proceedings for the acquisition of rights, title, interest or easements in and to real estate, by such sanitary districts in all cases in which they now have or may hereafter be given the right of eminent domain, may be instituted and conducted in the name of such sanitary district. If the property proposed to be condemned is:\n\t\t\ta. For a waterworks system, the procedure shall be in the manner and under the restrictions prescribed by Chapter 19.1 (&#xA7; 15.2-1908 et seq.) of Title 15.2, and by Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1;\n\t\t\tb. For the purpose of constructing water or sewer lines, the proceedings shall be instituted and conducted in accordance with the procedures prescribed either by Chapter 2 of Title 25.1 or in Chapter 3 (&#xA7; 25.1-300 et seq.) of Title 25.1; or\n\t\t\tc. For the purpose of constructing water and sewage treatment plants and facilities and improvements reasonably necessary to the construction and operation thereof, the proceedings shall be instituted and conducted in accordance with the procedures provided for the condemnation of land in Chapter 3 of Title 25.1.","type":"section","prefixes":["10"],"prefix":"10","entire_prefix":"10","prefix_anchor":"10","level":1,"prior_prefix":"9","next_prefix":"11"},"11":{"id":263193,"text":"To appoint, employ and compensate out of the funds of the district as many persons as special policemen as may be deemed necessary to maintain order and enforce the criminal and police laws of the Commonwealth and of the county within such district. Such special policemen shall have, within such district and within one-half mile thereof, all of the powers vested in policemen appointed under the provisions of Article 1 (&#xA7; 15.2-1700 et seq.) of Chapter 17 of Title 15.2.","type":"section","prefixes":["11"],"prefix":"11","entire_prefix":"11","prefix_anchor":"11","level":1,"prior_prefix":"10"}},"ancestry":[{"id":14019,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14018,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":179475,"object_type":"structure","relational_id":14019,"identifier":"1","token":"21\/2\/1","url":"\/21\/2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14018,"edition_id":1,"name":"Sanitary Districts","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":13075,"metadata":{},"date_created":"2026-06-26 03:46:37","date_modified":"2026-06-26 03:46:37","permalink":{"id":179473,"object_type":"structure","relational_id":14018,"identifier":"2","token":"21\/2","url":"\/21\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13075,"edition_id":1,"name":"Drainage, Soil Conservation, Sanitation and Public Facilities Districts","identifier":"21","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:14","date_modified":"2026-06-26 03:44:14","permalink":{"id":179465,"object_type":"structure","relational_id":13075,"identifier":"21","token":"21","url":"\/21\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79910,"structure_id":14019,"section_number":"21-112.22","catch_line":"Definitions","url":"\/21-112.22\/","token":"21\/2\/1\/21-112.22","metadata":false},{"id":79759,"structure_id":14019,"section_number":"21-113","catch_line":"Creation; inclusion of town in new or enlarged district","url":"\/21-113\/","token":"21\/2\/1\/21-113","metadata":false},{"id":59808,"structure_id":14019,"section_number":"21-114","catch_line":"Hearing and notice thereof","url":"\/21-114\/","token":"21\/2\/1\/21-114","metadata":false},{"id":71490,"structure_id":14019,"section_number":"21-115","catch_line":"Answer and defense","url":"\/21-115\/","token":"21\/2\/1\/21-115","metadata":false},{"id":64324,"structure_id":14019,"section_number":"21-116","catch_line":"Enlargement of sanitary districts","url":"\/21-116\/","token":"21\/2\/1\/21-116","metadata":false},{"id":60593,"structure_id":14019,"section_number":"21-116.1","catch_line":"Alteration of boundaries or reduction of area of sanitary districts in certain counties","url":"\/21-116.1\/","token":"21\/2\/1\/21-116.1","metadata":false},{"id":85899,"structure_id":14019,"section_number":"21-117","catch_line":"Merger of sanitary districts","url":"\/21-117\/","token":"21\/2\/1\/21-117","metadata":false},{"id":78368,"structure_id":14019,"section_number":"21-117.1","catch_line":"Abolishing sanitary districts","url":"\/21-117.1\/","token":"21\/2\/1\/21-117.1","metadata":false},{"id":73089,"structure_id":14019,"section_number":"21-118","catch_line":"Powers and duties of governing body","url":"\/21-118\/","token":"21\/2\/1\/21-118","metadata":false},{"id":75138,"structure_id":14019,"section_number":"21-118.1","catch_line":"Authority to acquire property from United States or any agency thereof","url":"\/21-118.1\/","token":"21\/2\/1\/21-118.1","metadata":false},{"id":60375,"structure_id":14019,"section_number":"21-118.2","catch_line":"Certain counties authorized to use sanitary district funds for certain purposes","url":"\/21-118.2\/","token":"21\/2\/1\/21-118.2","metadata":false},{"id":58517,"structure_id":14019,"section_number":"21-118.3","catch_line":"Levy and expenditure of taxes in certain counties; validation of expenditures","url":"\/21-118.3\/","token":"21\/2\/1\/21-118.3","metadata":false},{"id":55541,"structure_id":14019,"section_number":"21-118.4","catch_line":"Certain additional powers of governing body","url":"\/21-118.4\/","token":"21\/2\/1\/21-118.4","metadata":false},{"id":60162,"structure_id":14019,"section_number":"21-118.5","catch_line":"Unified water supply and sewerage systems for counties and sanitary districts; power of county governing body to fix rates; application of Public Finance Act","url":"\/21-118.5\/","token":"21\/2\/1\/21-118.5","metadata":false},{"id":64467,"structure_id":14019,"section_number":"21-118.6","catch_line":"Same; application of revenues; tax levy where revenues insufficient","url":"\/21-118.6\/","token":"21\/2\/1\/21-118.6","metadata":false},{"id":55514,"structure_id":14019,"section_number":"21-118.7","catch_line":"Same; payment to county of revenues held by district","url":"\/21-118.7\/","token":"21\/2\/1\/21-118.7","metadata":false},{"id":75754,"structure_id":14019,"section_number":"21-118.8","catch_line":"Same; ratification of prior agreements","url":"\/21-118.8\/","token":"21\/2\/1\/21-118.8","metadata":false},{"id":60483,"structure_id":14019,"section_number":"21-119","catch_line":"Sanitary districts are special taxing districts; nature of improvements; jurisdiction of governing bodies, etc., not affected","url":"\/21-119\/","token":"21\/2\/1\/21-119","metadata":false},{"id":85540,"structure_id":14019,"section_number":"21-119.1","catch_line":"Transfer of certain sanitary districts to towns","url":"\/21-119.1\/","token":"21\/2\/1\/21-119.1","metadata":false},{"id":59431,"structure_id":14019,"section_number":"21-120","catch_line":"In certain cities and counties","url":"\/21-120\/","token":"21\/2\/1\/21-120","metadata":false},{"id":58535,"structure_id":14019,"section_number":"21-121","catch_line":"Validation of proceedings","url":"\/21-121\/","token":"21\/2\/1\/21-121","metadata":false},{"id":55109,"structure_id":14019,"section_number":"21-121.1","catch_line":"Further validation of proceedings","url":"\/21-121.1\/","token":"21\/2\/1\/21-121.1","metadata":false},{"id":60765,"structure_id":14019,"section_number":"21-121.2","catch_line":"Additional validation of proceedings","url":"\/21-121.2\/","token":"21\/2\/1\/21-121.2","metadata":false},{"id":72800,"structure_id":14019,"section_number":"21-121.2:1","catch_line":"Same; bond issues","url":"\/21-121.2_1\/","token":"21\/2\/1\/21-121.2_1","metadata":false},{"id":76866,"structure_id":14019,"section_number":"21-121.3","catch_line":"Powers of districts created under other laws","url":"\/21-121.3\/","token":"21\/2\/1\/21-121.3","metadata":false},{"id":77568,"structure_id":14019,"section_number":"21-121.4","catch_line":"Powers of boards of supervisors and other governing bodies of counties with respect to sanitary districts","url":"\/21-121.4\/","token":"21\/2\/1\/21-121.4","metadata":false},{"id":78011,"structure_id":14019,"section_number":"21-121.5","catch_line":"Validation of certain actions","url":"\/21-121.5\/","token":"21\/2\/1\/21-121.5","metadata":false},{"id":66618,"structure_id":14019,"section_number":"21-121.6","catch_line":"Sanitary districts in certain counties with a water and sewer authority","url":"\/21-121.6\/","token":"21\/2\/1\/21-121.6","metadata":false}],"previous_section":{"id":78368,"structure_id":14019,"section_number":"21-117.1","catch_line":"Abolishing sanitary districts","url":"\/21-117.1\/","token":"21\/2\/1\/21-117.1","metadata":false},"next_section":{"id":75138,"structure_id":14019,"section_number":"21-118.1","catch_line":"Authority to acquire property from United States or any agency thereof","url":"\/21-118.1\/","token":"21\/2\/1\/21-118.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/21-118\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1952, chapter 113; in 1956, chapter 588; in 1960, chapter 36; in 1962, chapter 497; in 1976, chapters 585 and 684; in 1977, chapters 276 and 516; in 1981, chapter 564; in 2002, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0194\">194<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0940\">940<\/a>; in 2017, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?171+ful+CHAP0014\">14<\/a>; in 2023, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0506\">506<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?231+ful+CHAP0507\">507<\/a>.<\/p>","references":[{"id":86478,"section_number":"10.1-649","catch_line":"Sale to Board of property and rights-of-way acquired by condemnation","order_by":null,"url":"\/10.1-649\/"},{"id":64324,"section_number":"21-116","catch_line":"Enlargement of sanitary districts","order_by":null,"url":"\/21-116\/"},{"id":85899,"section_number":"21-117","catch_line":"Merger of sanitary districts","order_by":null,"url":"\/21-117\/"},{"id":58517,"section_number":"21-118.3","catch_line":"Levy and expenditure of taxes in certain counties; validation of expenditures","order_by":null,"url":"\/21-118.3\/"},{"id":77568,"section_number":"21-121.4","catch_line":"Powers of boards of supervisors and other governing bodies of counties with respect to sanitary districts","order_by":null,"url":"\/21-121.4\/"},{"id":66618,"section_number":"21-121.6","catch_line":"Sanitary districts in certain counties with a water and sewer authority","order_by":null,"url":"\/21-121.6\/"}],"refers_to":[{"id":59436,"section_number":"15.2-1700","catch_line":"Preservation of peace and good order","order_by":null,"url":"\/15.2-1700\/"},{"id":83457,"section_number":"15.2-1908","catch_line":"Council or other governing body to file copy of resolution","order_by":null,"url":"\/15.2-1908\/"},{"id":55541,"section_number":"21-118.4","catch_line":"Certain additional powers of governing body","order_by":null,"url":"\/21-118.4\/"},{"id":62316,"section_number":"25.1-200","catch_line":"Chapter controls condemnation proceedings","order_by":null,"url":"\/25.1-200\/"},{"id":83870,"section_number":"25.1-300","catch_line":"Definitions","order_by":null,"url":"\/25.1-300\/"},{"id":56646,"section_number":"58.1-3229","catch_line":"Repealed","order_by":null,"url":"\/58.1-3229\/"}],"permalink":{"id":179509,"object_type":"law","relational_id":73089,"identifier":"21-118","token":"21\/2\/1\/21-118","url":"\/21-118\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/21-118\/","token":"21\/2\/1\/21-118","dublin_core":{"Title":"Powers and duties of governing body","Type":"Text","Format":"text\/html","Identifier":"\u00a7 21-118","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>After the adoption of such <span class=\"dictionary\">ordinance<\/span> creating a sanitary district in such county, the governing body thereof shall have the following powers and duties, subject to the conditions and limitations hereinafter prescribed:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> To construct, maintain and operate water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary districts. <a id=\"paragraph-263183\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such district; and to sell, lease as lessor, transfer or dispose of any part of any such property, real, personal or mixed, so acquired in such manner and upon such terms as the governing body of the district may determine to be in the best interests of the district; provided a public <span class=\"dictionary\">hearing<\/span> is first held with respect to such <span class=\"dictionary\">disposition<\/span> at which inhabitants of the district shall have an opportunity to be heard. At least seven days&#8217; notice of the time and place of such <span class=\"dictionary\">hearing<\/span> and a <span class=\"dictionary\">brief<\/span> description of the property to be disposed shall be published in a newspaper of general circulation in the district. Such public <span class=\"dictionary\">hearing<\/span> may be adjourned from time to time. <a id=\"paragraph-263184\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"3\"><p><span class=\"prefix-number\">3.<\/span> To <span class=\"dictionary\">contract<\/span> with any person, firm, corporation or municipality to construct, establish, maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district. <a id=\"paragraph-263185\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"4\"><p><span class=\"prefix-number\">4.<\/span> To require owners or tenants of any property in the district to connect with any such system or systems, and to <span class=\"dictionary\">contract<\/span> with the owners or tenants for such connections. The owners or tenants shall have the right of <span class=\"dictionary\">appeal<\/span> to the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> or the <span class=\"dictionary\">judge<\/span> thereof in vacation within 10 days from action by the governing body. <a id=\"paragraph-263186\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"5\"><p><span class=\"prefix-number\">5.<\/span> To fix and prescribe or change the rates of charge for the use of any such system or systems after a public <span class=\"dictionary\">hearing<\/span> upon notice as provided in &#xA7; <a class=\"law\" title=\"Certain additional powers of governing body\" href=\"\/21-118.4\/\">21-118.4<\/a> (d), and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission. <a id=\"paragraph-263187\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"6\"><p><span class=\"prefix-number\">6.<\/span> To <span class=\"dictionary\">levy<\/span> and collect an annual tax upon all the property in such sanitary district subject to local taxation to pay, either in whole or in part, the expenses and charges incident to constructing, maintaining and operating water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary district. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (&#xA7; <a class=\"law\" title=\"Repealed\" href=\"\/58.1-3229\/\">58.1-3229<\/a> et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent. <a id=\"paragraph-263188\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"7\"><p><span class=\"prefix-number\">7.<\/span> To employ and fix the compensation of any technical, clerical or other force and help which from time to time, in their <span class=\"dictionary\">judgment<\/span>, may be deemed necessary for the construction, operation or maintenance of any such system or systems and sidewalks. <a id=\"paragraph-263189\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#7\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"8\"><p><span class=\"prefix-number\">8.<\/span> To negotiate and <span class=\"dictionary\">contract<\/span> with any person, firm, corporation or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district. <a id=\"paragraph-263190\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#8\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"9\"><p><span class=\"prefix-number\">9.<\/span> The governing body shall have the same power and authority for the abatement of nuisances in such sanitary district as is vested by <span class=\"dictionary\">law<\/span> in councils of cities and towns for the abatement of nuisances therein, and it shall be the duty of the governing body to exercise such power when any such nuisance shall be shown to exist. <a id=\"paragraph-263191\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#9\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"10\"><p><span class=\"prefix-number\">10.<\/span> Proceedings for the acquisition of rights, title, interest or easements in and to real estate, by such sanitary districts in all cases in which they now have or may hereafter be given the right of eminent domain, may be instituted and conducted in the name of such sanitary district. If the property proposed to be condemned is:\n\t\t\ta. For a waterworks system, the procedure shall be in the manner and under the restrictions prescribed by Chapter 19.1 (&#xA7; <a class=\"law\" title=\"Council or other governing body to file copy of resolution\" href=\"\/15.2-1908\/\">15.2-1908<\/a> et seq.) of Title 15.2, and by Chapter 2 (&#xA7; <a class=\"law\" title=\"Chapter controls condemnation proceedings\" href=\"\/25.1-200\/\">25.1-200<\/a> et seq.) of Title 25.1;\n\t\t\tb. For the purpose of constructing water or sewer lines, the proceedings shall be instituted and conducted in accordance with the procedures prescribed either by Chapter 2 of Title 25.1 or in Chapter 3 (&#xA7; <a class=\"law\" title=\"Definitions\" href=\"\/25.1-300\/\">25.1-300<\/a> et seq.) of Title 25.1; or\n\t\t\tc. For the purpose of constructing water and sewage treatment plants and facilities and improvements reasonably necessary to the construction and operation thereof, the proceedings shall be instituted and conducted in accordance with the procedures provided for the condemnation of land in Chapter 3 of Title 25.1. <a id=\"paragraph-263192\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#10\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"11\"><p><span class=\"prefix-number\">11.<\/span> To appoint, employ and compensate out of the funds of the district as many persons as special policemen as may be deemed necessary to maintain <span class=\"dictionary\">order<\/span> and enforce the criminal and police <span class=\"dictionary\">laws<\/span> of the Commonwealth and of the county within such district. Such special policemen shall have, within such district and within one-half mile thereof, all of the powers vested in policemen appointed under the provisions of Article 1 (&#xA7; <a class=\"law\" title=\"Preservation of peace and good order\" href=\"\/15.2-1700\/\">15.2-1700<\/a> et seq.) of Chapter 17 of Title 15.2. <a id=\"paragraph-263193\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/21-118\/#11\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPOWERS AND DUTIES OF GOVERNING BODY (\u00a7 21-118)\n\nAfter the adoption of such ordinance creating a sanitary district in such\ncounty, the governing body thereof shall have the following powers and duties,\nsubject to the conditions and limitations hereinafter prescribed:\n\n1. To construct, maintain and operate water supply, sewerage, garbage removal\nand disposal, heat, light, fire-fighting equipment and power and gas systems and\nsidewalks for the use and benefit of the public in such sanitary districts.\n\n2. To acquire by gift, condemnation, purchase, lease, or otherwise, and to\nmaintain and operate any such water supply, sewerage, garbage removal and\ndisposal, heat, light, fire-fighting equipment and power and gas systems and\nsidewalks in such district and to acquire by gift, condemnation, purchase,\nlease, or otherwise, rights, title, interest, or easements therefor in and to\nreal estate in such district; and to sell, lease as lessor, transfer or dispose\nof any part of any such property, real, personal or mixed, so acquired in such\nmanner and upon such terms as the governing body of the district may determine\nto be in the best interests of the district; provided a public hearing is first\nheld with respect to such disposition at which inhabitants of the district shall\nhave an opportunity to be heard. At least seven days&#8217; notice of the time\nand place of such hearing and a brief description of the property to be disposed\nshall be published in a newspaper of general circulation in the district. Such\npublic hearing may be adjourned from time to time.\n\n3. To contract with any person, firm, corporation or municipality to construct,\nestablish, maintain and operate any such water supply, sewerage, garbage removal\nand disposal, heat, light, fire-fighting equipment and power and gas systems and\nsidewalks in such district.\n\n4. To require owners or tenants of any property in the district to connect with\nany such system or systems, and to contract with the owners or tenants for such\nconnections. The owners or tenants shall have the right of appeal to the circuit\ncourt or the judge thereof in vacation within 10 days from action by the\ngoverning body.\n\n5. To fix and prescribe or change the rates of charge for the use of any such\nsystem or systems after a public hearing upon notice as provided in &#xA7;\n21-118.4 (d), and to provide for the collection of such charges. In fixing such\nrates the sanitary district may seek the advice of the State Corporation\nCommission.\n\n6. To levy and collect an annual tax upon all the property in such sanitary\ndistrict subject to local taxation to pay, either in whole or in part, the\nexpenses and charges incident to constructing, maintaining and operating water\nsupply, sewerage, garbage removal and disposal, heat, light, fire-fighting\nequipment and power and gas systems and sidewalks for the use and benefit of the\npublic in such sanitary district. Any locality imposing a tax pursuant to this\nsubdivision may base the tax on the full assessed value of the taxable property\nwithin the district, notwithstanding any special use value assessment of\nproperty within the sanitary district for land preservation pursuant to Article\n4 (&#xA7; 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of\nsuch property has given written consent.\n\n7. To employ and fix the compensation of any technical, clerical or other force\nand help which from time to time, in their judgment, may be deemed necessary for\nthe construction, operation or maintenance of any such system or systems and\nsidewalks.\n\n8. To negotiate and contract with any person, firm, corporation or municipality\nwith regard to the connections of any such system or systems with any other\nsystem or systems now in operation or hereafter established, and with regard to\nany other matter necessary and proper for the construction or operation and\nmaintenance of any such system within the sanitary district.\n\n9. The governing body shall have the same power and authority for the abatement\nof nuisances in such sanitary district as is vested by law in councils of cities\nand towns for the abatement of nuisances therein, and it shall be the duty of\nthe governing body to exercise such power when any such nuisance shall be shown\nto exist.\n\n10. Proceedings for the acquisition of rights, title, interest or easements in\nand to real estate, by such sanitary districts in all cases in which they now\nhave or may hereafter be given the right of eminent domain, may be instituted\nand conducted in the name of such sanitary district. If the property proposed to\nbe condemned is:\n\t\t\ta. For a waterworks system, the procedure shall be in the manner and under\nthe restrictions prescribed by Chapter 19.1 (&#xA7; 15.2-1908 et seq.) of Title\n15.2, and by Chapter 2 (&#xA7; 25.1-200 et seq.) of Title 25.1;\n\t\t\tb. For the purpose of constructing water or sewer lines, the proceedings\nshall be instituted and conducted in accordance with the procedures prescribed\neither by Chapter 2 of Title 25.1 or in Chapter 3 (&#xA7; 25.1-300 et seq.) of\nTitle 25.1; or\n\t\t\tc. For the purpose of constructing water and sewage treatment plants and\nfacilities and improvements reasonably necessary to the construction and\noperation thereof, the proceedings shall be instituted and conducted in\naccordance with the procedures provided for the condemnation of land in Chapter\n3 of Title 25.1.\n\n11. To appoint, employ and compensate out of the funds of the district as many\npersons as special policemen as may be deemed necessary to maintain order and\nenforce the criminal and police laws of the Commonwealth and of the county\nwithin such district. Such special policemen shall have, within such district\nand within one-half mile thereof, all of the powers vested in policemen\nappointed under the provisions of Article 1 (&#xA7; 15.2-1700 et seq.) of\nChapter 17 of Title 15.2.\n\nHISTORY: 1930, p. 1002; 1934, p. 494; 1936, p. 463; 1938, p. 19; Michie Code\n1942, \u00a7 1560a; 1952, c. 113; 1956, c. 588; 1960, c. 36; 1962, c. 497; 1976, cc.\n585, 684; 1977, cc. 276, 516; 1981, c. 564; 2002, c. 194; 2003, c. 940; 2017, c.\n14; 2023, cc. 506, 507.","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}}