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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>72204</law_id><section_number>15.2-858</section_number><catch_line>Creation, enlargement, contraction, etc., of sanitary districts</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>15.2-855</reference><reference>55.1-2164</reference></referred_to_by><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="I">General Provisions; Charters; Other Forms and Organization of Counties</unit><unit label="chapter" level="3" order_by="1" identifier="8">Urban County Executive Form of Government</unit><unit label="article" level="4" order_by="1" identifier="5">Sanitary Districts Within Urban Counties</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Notwithstanding any other provision of <span class="dictionary">law</span>, no <span class="dictionary">court</span> shall entertain any <span class="dictionary">petition</span> filed for the creation, enlargement, contraction, merger, <span class="dictionary">consolidation</span> or dissolution of a district authorized to be created in accordance with the provisions of Chapters 2 (&#xA7; <a class="law" title="Definitions" href="/21-112.22/">21-112.22</a> et seq.), 6 (&#xA7; <a class="law" title="Jurisdiction of circuit courts to establish projects" href="/21-292/">21-292</a> et seq.), 7 (&#xA7; <a class="law" title="Public facilities district law for certain counties" href="/21-427/">21-427</a> et seq.), or 8 (&#xA7; <a class="law" title="Right to drain land through lands of others" href="/21-428/">21-428</a> et seq.) of Title 21, Chapter 161, Acts of the Assembly of 1926, as amended, or any other <span class="dictionary">law</span> providing for the creation of those subdivisions referred to generally as sanitary or small districts hereinafter referred to as &#x201C;sanitary districts.&#x201D; No <span class="dictionary">petition</span> for the creation, enlargement, contraction, merger, <span class="dictionary">consolidation</span> or dissolution of a sanitary district filed by any person or group of persons shall be of any effect and any <span class="dictionary">court</span> in which the <span class="dictionary">petition</span> is filed shall forthwith strike the <span class="dictionary">petition</span> from its <span class="dictionary">dockets</span> and no further proceedings thereon shall be had. <a id="paragraph-260129" class="section-permalink" href="https://vacode.org/15.2-858/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> Notwithstanding any other provision of <span class="dictionary">law</span>, each district created under the provisions of &#xA7; <a class="law" title="Division of county into districts; functions of districts; appointees to planning commission and school board" href="/15.2-855/">15.2-855</a> shall be a sanitary district with all the rights and powers conferred on sanitary districts by general <span class="dictionary">law</span>. However, no incorporated <span class="dictionary">town</span> shall be included within any sanitary district without the consent of the <span class="dictionary">council</span> of such <span class="dictionary">town</span>.
			Every sanitary district and every small and local sanitary district existing in the <span class="dictionary">county</span> shall be dissolved on the date that the form of government herein becomes effective and each shall at that time be recreated as a small district or small districts within the respective sanitary districts. The <span class="dictionary">county</span> shall assume the liabilities of the sanitary district and shall own all its properties and the existing <span class="dictionary">assets</span> less the liabilities assumed of such sanitary district shall be used by the board as a factor in establishing service charges within the small district or small districts. The services provided by the former sanitary districts shall be continued by the <span class="dictionary">county</span> in the new small districts.
			Every small and local sanitary district existing in the <span class="dictionary">county</span> on the date that the form of government herein becomes effective shall at that time be continued as small and local sanitary districts, and such small and local districts, and all small and local districts hereafter created pursuant to this article shall be deemed sanitary districts for the purpose of borrowing of funds and issuance of <span class="dictionary">bonds</span> for projects within such small districts as provided for by <span class="dictionary">law</span> for sanitary districts.
			Nothing in this section shall affect any sanitary district existing at the time of adoption of this form of government in which <span class="dictionary">bonds</span> of the district have been issued and for as long as such <span class="dictionary">bonds</span> are outstanding. <a id="paragraph-260130" class="section-permalink" href="https://vacode.org/15.2-858/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Notwithstanding any other provision of <span class="dictionary">law</span>, the board shall have the power and authority with regard to the creation, enlargement, contraction, merger, <span class="dictionary">consolidation</span> or dissolution of small districts and local districts within such <span class="dictionary">county</span> that is granted to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> for the <span class="dictionary">county</span> in connection therewith by Title 21 and by Chapter 161 of the Acts of the Assembly of 1926 as amended. <a id="paragraph-260131" class="section-permalink" href="https://vacode.org/15.2-858/#C"><i class="fa fa-link"/></a></p></section>
						<section id="D"><p><span class="prefix-number">D.</span> The board may create, enlarge, <span class="dictionary">contract</span>, merge, consolidate and dissolve small and local districts, by resolution, after giving notice of its intention to do so by publishing notice in a newspaper having general circulation in the <span class="dictionary">county</span> in the manner specified by &#xA7; <a class="law" title="Adoption of ordinances and resolutions generally; amending or repealing ordinances" href="/15.2-1427/">15.2-1427</a> for the adoption of <span class="dictionary">county</span> <span class="dictionary">ordinances</span> and after conducting a public <span class="dictionary">hearing</span> on the proposed resolution. Any such district may be described in the resolution either by a metes and bounds description or by a description that uses commonly known landmarks or geographic maps. <a id="paragraph-260132" class="section-permalink" href="https://vacode.org/15.2-858/#D"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 15-384.78; 1960, c. 382; 1962, c. 623, &#xA7; 15.1-791; 1966, c. 464; 1968, c. 797; 1970, c. 218; 1977, c. 231; 1997, c. 587; 2004, c. 561.</history><metadata></metadata></law>
