                                 CODE OF VIRGINIA

HEARING AND DECISION (§ 15.2-3209)

The special court shall hear the case upon the evidence introduced as evidence
is introduced in civil cases.
		The court shall determine the necessity for and expediency of annexation,
considering the best interests of the people of the county and the city or town,
services to be rendered and needs of the people of the area proposed to be
annexed, the best interests of the people in the remaining portion of the county
and the best interests of the Commonwealth in promoting strong and viable units
of government.
		Related to the best interests of the people of the county and city or town,
the court shall consider to the extent relevant:

1. The need for urban services in the area proposed for annexation, the level of
services provided in the county, city or town, and the ability of such county,
city or town to provide services in the area sought to be annexed, including,
but not limited to: sewage treatment, water, solid waste collection and
disposal, public planning, subdivision regulation and zoning, crime prevention
and detection, fire prevention and protection, public recreational facilities,
library facilities, curbs, gutters, sidewalks, storm drains, street lighting,
snow removal, and street maintenance;

2. The current relative level of services provided by the county and the city or
town;

3. The efforts by the county and the city or town to comply with applicable
state policies with respect to environmental protection, public planning,
education, public transportation, housing, or other state service policies
promulgated by the General Assembly;

4. The community of interest which may exist between the petitioner, the
territory sought to be annexed and its citizens as well as the community of
interest that exists between such area and its citizens and the county. The term
&#8220;community of interest&#8221; may include, but not be limited to, the
consideration of natural neighborhoods, natural and man-made boundaries, and the
similarity of needs of the people of the annexing area and the area sought to be
annexed;

5. Any arbitrary prior refusal by the governing body of the petitioner or the
county whose territory is sought to be annexed to enter into cooperative
agreements providing for joint activities which would have benefited citizens of
both localities; however, the court shall draw no adverse inference from joint
activities undertaken and implemented pursuant to cooperative agreements of the
parties. It is the purpose of this subdivision to encourage adjoining localities
to enter into such cooperative agreements voluntarily, and without apprehension
of prejudice;

6. The need for the city or town seeking to annex to expand its tax resources,
including its real estate and personal property tax base;

7. The need for the city or town seeking to annex to obtain land for industrial
or commercial use, together with the adverse effect on a county of the loss of
areas suitable and developable for industrial or commercial uses;

8. The adverse effect of the loss of tax resources and public facilities on the
ability of the county to provide service to the people in the remaining portion
of the county; and

9. The adverse impact on agricultural operations in the area proposed for
annexation.
			If a majority of the court is of the opinion that annexation is not necessary
or expedient, the petition for annexation shall be dismissed. If a majority of
the court is satisfied of the necessity for and expediency of annexation, it
shall determine the terms and conditions upon which annexation is to be had, and
shall enter an order granting the petition. The court may in the order awarding
annexation of any area, fix terms and conditions, including but not limited to
the rights provided in Chapter 3 (&#xA7; 3.2-300 et seq.) of Title 3.2, to
protect agricultural operations in the area annexed. In all cases, the court
shall render a written opinion.
			The order granting the petition shall set forth in detail all such terms and
conditions upon which the petition is granted. Every annexation order shall be
effective on January 1 following the year in which issued or, in the discretion
of the court, on the second January 1 following the year in which issued;
however, the court, upon joint petition of the parties, may order an annexation
effective on any other date. Unless the parties otherwise agree, all taxes
assessed in the territory annexed for the year at the end of which annexation
becomes effective and for all prior years shall be paid to the county.
			In any proceedings instituted by a city or town, no annexation shall be
decreed unless the court is satisfied that the city or town has substantially
complied with the conditions of the last preceding annexation by such city or
town, or that compliance therewith was impossible, or that sufficient time for
compliance has not elapsed.
			In the event that the court enters an order granting the petition, a copy of
the order shall be certified to the Secretary of the Commonwealth. The Secretary
shall immediately transmit a copy of such order to the State Comptroller for his
use in complying with &#xA7; 4.1-117.

HISTORY: Code 1950, § 15-152.11; 1952, c. 328; 1962, c. 623, § 15.1-1041;
1970, c. 751; 1978, c. 642; 1979, c. 85; 1985, c. 478; 1997, c. 587; 1999, c.
345.