                                 CODE OF VIRGINIA

HEARING AND DECISION BY COURT (§ 15.2-3907)

A. The special court shall order an election to determine if the voters of the
county desire the General Assembly to grant the county a municipal charter if,
after hearing the evidence, it finds that:

   1. The county possesses at the time of the filing of the petition a minimum
   population of 20,000 persons and a density of population of at least 300
   persons per square mile, or a minimum population of 50,000 persons and a
   density of population of at least 140 persons per square mile, based either on
   the latest United States census, on the latest estimates of the Weldon Cooper
   Center for Public Service of the University of Virginia, or on a special
   census conducted under court supervision; and

   2. The county has the fiscal capacity to function as an independent city and
   to provide appropriate services; and

   3. After a consideration of the best interests of the parties, the interest of
   the Commonwealth in the county&#8217;s compliance with and promotion of
   applicable State policies with respect to environmental protection, public
   planning, education, public transportation, housing and other State service
   policies declared by the General Assembly, and the interest of the
   Commonwealth in promoting strong and viable units of government in the area,
   the county is eligible for city status.

B. An election held pursuant to this section shall comply with &#xA7;&#xA7;
24.2-682 and 24.2-684. The order for election shall allow sufficient time for
the preparation of a charter as hereafter provided for in this chapter. Such
election shall be held no earlier than 180 days and no later than 300 days
subsequent to the entry of the order of election.

C. The court shall be limited in its decision to granting or denying eligibility
for city status and shall have no authority to impose terms or conditions with
respect to such eligibility.

D. If a majority of the court is of the opinion that the criteria set out in
subsection A have not been met, then eligibility for city status shall be
denied.

E. The court shall render a written opinion in every case brought under the
provisions of this chapter.

HISTORY: 1979, c. 85, § 15.1-977.9; 1997, c. 587.