                                 CODE OF VIRGINIA

DUTIES OF DIRECTOR OF THE DEPARTMENT OF CONSERVATION AND RECREATION, THE STATE
FORESTER AND THE COMMISSIONER OF AGRICULTURE AND CONSUMER SERVICES; REMEDY OF
PERSON AGGRIEVED BY ACTION OR NONACTION OF DIRECTOR, STATE FORESTER OR
COMMISSIONER (§ 58.1-3240)

The Director of the Department of Conservation and Recreation, the State
Forester, and the Commissioner of Agriculture and Consumer Services shall
provide, after holding public hearings, to the commissioner of the revenue or
duly appointed assessor of each locality adopting an ordinance pursuant to this
article, a statement of the standards referred to in § 58.1-3230 and
subdivision 1 of § 58.1-3233, which shall be applied uniformly throughout the
Commonwealth in determining whether real estate is devoted to agricultural use,
horticultural use, forest use or open-space use for the purposes of this article
and the procedure to be followed by such official to obtain the opinion
referenced in subdivision 1 of § 58.1-3233. Upon the refusal of the
Commissioner of Agriculture and Consumer Services, the State Forester or the
Director of the Department of Conservation and Recreation to issue an opinion or
in the event of an unfavorable opinion which does not comport with standards set
forth in the statements filed pursuant to this section, the party aggrieved may
seek relief in the circuit court of the county or city wherein the real estate
in question is located, and in the event that the court finds in his favor, it
may issue an order which shall serve in lieu of an opinion for the purposes of
this article.

HISTORY: Code 1950, § 58-769.12; 1971, Ex. Sess., c. 172; 1973, c. 209; 1984,
cc. 675, 739, 750; 1987, c. 550; 1989, c. 656.