                                 CODE OF VIRGINIA

ASSUMPTION OF DISTRICT HIGHWAY INDEBTEDNESS BY COUNTIES (§ 33.2-723)

A. Any county may assume the payment of and pay any outstanding indebtedness of
any magisterial district or districts thereof incurred for the purpose of
constructing public highways that were subsequently taken over by the
Commonwealth, provided the assumption thereof is approved by a majority of the
qualified voters of the county voting on the question at an election to be held
as provided in this section.

B. The governing body of the county may, by a resolution entered of record in
its minute book, require the judges of election to open a poll at the next
regular election and take the sense of the qualified voters of the county upon
the question whether or not the county shall assume the highway indebtedness of
__________ district, or __________ districts. The local governing body shall
cause notice of such election to be given by the posting of written notice
thereof at the front door of the county courthouse at least 30 days prior to the
date the same is to be held and by publication thereof twice in a newspaper
published or having general circulation in the county, with the first
publication appearing no more than 28 days before and the second publication
appearing no less than seven days before the election. Such notice shall set
forth the date of such election and the question to be voted on.

C. The ballots for use in voting upon the question so submitted shall be
prepared, printed, distributed, voted, and counted and the returns made and
canvassed in accordance with the provisions of &#xA7; 24.2-684. The results
shall be certified by the commissioners of election to the county clerk, who
shall certify the same to the governing body of the county, and such returns
shall be entered of record in the minute book of the local governing body.

D. If a majority of the voters voting on the question vote in favor of the
assumption by the county of the highway indebtedness of any district of the
county, such indebtedness shall become and be an obligation of the county and as
binding thereon as if the same had been originally contracted by the county. In
such event the governing body of the county is authorized to levy and collect
taxes throughout the county for the payment of the district indebtedness so
assumed, both as to principal and interest.

E. Nothing contained in this section shall affect the validity of such district
highway obligations in the event that the result of such election is against the
assumption thereof by the county, but they shall continue to be as valid and
binding in all respects as they were in their inception.

HISTORY: Code 1950, §§ 33-256, 33-257, 33-258, 33-259, 33-260; 1970, c. 322,
§§ 33.1-321, 33.1-322, 33.1-323, 33.1-324, 33.1-325; 2014, c. 805; 2023, cc.
506, 507; 2024, cc. 225, 242.