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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>82303</law_id><section_number>15.2-3304</section_number><catch_line>Immunity based upon provision of urban-type services</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="15.2">Counties, Cities and Towns</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Boundary Adjustments and Changes of Status of Counties, Cities and Towns</unit><unit label="chapter" level="3" order_by="1" identifier="33">Immunity of Counties or Parts of Counties From City-Initiated Annexation and City Incorporation</unit></structure><text>
						<section><p>The <span class="dictionary">governing body</span> of any <span class="dictionary">county</span> which feels appropriate urban-type services are being provided, exclusive of those services which are provided by a <span class="dictionary">city</span> but inclusive of those services provided by cooperative agreement between the <span class="dictionary">county</span> and <span class="dictionary">city</span>, in the part of the <span class="dictionary">county</span> proposed for immunity may, by <span class="dictionary">ordinance</span> passed by a recorded affirmative vote of a majority of the members thereof, <span class="dictionary">petition</span> the <span class="dictionary">circuit</span> <span class="dictionary">court</span> for the <span class="dictionary">county</span> for an <span class="dictionary">order</span> declaring some part or parts of the <span class="dictionary">county</span> immune from <span class="dictionary">city</span>-initiated annexation and from incorporation of new cities within such part or parts. The <span class="dictionary">ordinance</span> passed by the <span class="dictionary">governing body</span> of the <span class="dictionary">county</span> shall designate the area or areas for which the <span class="dictionary">county</span> desires such partial immunity. The <span class="dictionary">circuit</span> <span class="dictionary">court</span> with which the <span class="dictionary">petition</span> is filed shall notify the Supreme <span class="dictionary">Court</span>, which shall appoint a special <span class="dictionary">court</span> to hear the case as prescribed by Chapter 30 (&#xA7;&#xA0;<a class="law" title="Special court to hear certain cases" href="/15.2-3000/">15.2-3000</a> et seq.) of this title.
		In considering the <span class="dictionary">petition</span>, the special <span class="dictionary">court</span> shall use the list of services set out in subdivision 1 of &#xA7;&#xA0;<a class="law" title="Hearing and decision" href="/15.2-3209/">15.2-3209</a> as a guide in determining whether appropriate urban-type services are being provided in such part or parts of the <span class="dictionary">county</span>. The <span class="dictionary">court</span> shall also consider (i) whether the <span class="dictionary">county</span> has made efforts to comply with applicable state policies with respect to environmental protection, public planning, education, public transportation, housing, and other state service policies promulgated by the General Assembly; (ii) whether a community of interest exists between that part of the <span class="dictionary">county</span> for which immunity is sought and the remainder of the <span class="dictionary">county</span> that is greater than the community of interest that exists between that part of the <span class="dictionary">county</span> for which the immunity is sought and the adjoining municipality; and (iii) whether either <span class="dictionary">party</span> has arbitrarily refused to cooperate in the joint provision of services. Unless the population of a <span class="dictionary">city</span> adjoining a <span class="dictionary">county</span> which is seeking partial immunity exceeds 100,000 persons, the <span class="dictionary">court</span> shall not grant partial immunity to such <span class="dictionary">county</span> which would result in substantially foreclosing such a <span class="dictionary">city</span> from expanding its boundaries by annexation. The <span class="dictionary">court</span> may include a greater or smaller area than the area for which immunity is sought.
		Any <span class="dictionary">city</span> or <span class="dictionary">town</span> adjoining or within the <span class="dictionary">county</span>, or the parts proposed for immunity, shall be made parties to the action. The <span class="dictionary">finding</span> of the Commission on <span class="dictionary">Local Government</span> shall be received into <span class="dictionary">evidence</span>, and the <span class="dictionary">court</span> shall receive such additional <span class="dictionary">evidence</span> as the parties may introduce. The <span class="dictionary">court</span> may limit additional <span class="dictionary">evidence</span> to those kinds of services considered by the Commission. If, after consideration of the <span class="dictionary">evidence</span>, the <span class="dictionary">court</span> finds that the <span class="dictionary">county</span> has appropriate urban-type services, comparable to the type and level of services furnished in the <span class="dictionary">city</span> from which the <span class="dictionary">county</span> seeks immunity, within such parts of the <span class="dictionary">county</span> that are proposed for immunity and that the other conditions in this section are satisfied, the <span class="dictionary">court</span> shall enter an <span class="dictionary">order</span> declaring such part or parts of the <span class="dictionary">county</span> to be immune from <span class="dictionary">city</span>-initiated annexation and incorporation of new cities.</p></section></text><history>1979, c. 85, &#xA7; 15.1-977.22:1; 1983, c. 217; 1997, c. 587.</history><metadata></metadata></law>
