                                 CODE OF VIRGINIA

PROPOSALS AS TO LAND ACQUISITION OR CONSTRUCTION WITHIN DISTRICT (§ 15.2-4313)

A. 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:

   1. A detailed description of the proposed action, including a proposed
   construction schedule;

   2. All the reasons for the proposed action;

   3. 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;

   4. 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;

   5. An evaluation of alternatives which would not require action within the
   district; and

   6. Any other relevant information required by the local governing body.

B. 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.

C. 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.

HISTORY: 1977, c. 681, § 15.1-1512; 1979, c. 377; 1987, c. 552; 1997, c. 587;
1998, c. 833; 2000, c. 1069; 2024, cc. 225, 242.