{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/15.2-3104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/15.2-3104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/15.2-3104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/15.2-3104.html"}],"law_id":348177,"edition_id":2,"section_id":348177,"structure_id":49946,"section_number":"15.2-3104","catch_line":"Procedure when commissioners fail to agree","history":"Code 1950, \u00a7 15-42; 1954, c. 536; 1962, c. 623, \u00a7 15.1-1030; 1970, c. 751; 1973, c. 544; 1978, c. 642; 1979, c. 456; 1997, c. 587; 2021, Sp. Sess. I, c. 489.","full_text":"If the commissioners fail to agree upon the location of the line, they shall so report to the circuit courts for their respective localities, stating in their reports the points and grounds of disagreement and describing fully the conflicting lines. Either locality may file a petition in the circuit court for either locality to have a court, constituted as hereinafter provided, ascertain and establish the true boundary line in doubt or dispute. Such petition shall describe, with reasonable certainty, the location contended for and shall state the grounds of such contention. A plat, showing the location contended for, filed with the petition, may serve the purposes of such description. The petitioner shall make the other locality the party defendant, and the case shall be commenced by serving a copy of the petition upon the county attorney, if any, or the attorney for the Commonwealth of such county, the city attorney of such city or the town attorney of such town. No formal plea or answer to the petition shall be necessary, but the defendant shall state its grounds of defense in writing, describing, with the same degree of certainty required of the petitioner, the line as contended for by the defendant, and the locality shall be deemed to be at issue. The issue shall be the true location of the boundary line so in doubt or dispute.\n\nThe case shall be heard and decided by a court without a jury presided over by three judges as follows: the judge of the circuit court for the petitioning locality, the judge of the circuit court for the defendant locality, and a judge of some circuit court in this Commonwealth remote from the localities, to be designated by the Chief Justice. When the localities are within the same circuit, the Chief Justice shall designate a third judge from an adjoining circuit. The court shall hear the case upon the evidence introduced in the manner in which evidence is introduced in common-law cases and shall ascertain and establish the true boundary line by a majority decision, and shall give judgment accordingly. Costs shall be awarded as the court shall determine. The judgment of the court shall be recorded in the common-law order book and in the current deed book of the court and indexed in the names of the localities, and, unless reversed, shall forever settle, determine, designate and establish the true boundary line. A copy of any final judgment shall be certified to the Secretary of the Commonwealth. Either party may appeal from the judgment of the court to the Court of Appeals, and the cost of such appeal shall be awarded to the party substantially prevailing. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall render a decision and award the costs of the appeal to the party that substantially prevailed.\n\n","order_by":null,"text":{"0":{"id":1298534,"text":"If the commissioners fail to agree upon the location of the line, they shall so report to the circuit courts for their respective localities, stating in their reports the points and grounds of disagreement and describing fully the conflicting lines. Either locality may file a petition in the circuit court for either locality to have a court, constituted as hereinafter provided, ascertain and establish the true boundary line in doubt or dispute. Such petition shall describe, with reasonable certainty, the location contended for and shall state the grounds of such contention. A plat, showing the location contended for, filed with the petition, may serve the purposes of such description. The petitioner shall make the other locality the party defendant, and the case shall be commenced by serving a copy of the petition upon the county attorney, if any, or the attorney for the Commonwealth of such county, the city attorney of such city or the town attorney of such town. No formal plea or answer to the petition shall be necessary, but the defendant shall state its grounds of defense in writing, describing, with the same degree of certainty required of the petitioner, the line as contended for by the defendant, and the locality shall be deemed to be at issue. The issue shall be the true location of the boundary line so in doubt or dispute.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1298535,"text":"The case shall be heard and decided by a court without a jury presided over by three judges as follows: the judge of the circuit court for the petitioning locality, the judge of the circuit court for the defendant locality, and a judge of some circuit court in this Commonwealth remote from the localities, to be designated by the Chief Justice. When the localities are within the same circuit, the Chief Justice shall designate a third judge from an adjoining circuit. The court shall hear the case upon the evidence introduced in the manner in which evidence is introduced in common-law cases and shall ascertain and establish the true boundary line by a majority decision, and shall give judgment accordingly. Costs shall be awarded as the court shall determine. The judgment of the court shall be recorded in the common-law order book and in the current deed book of the court and indexed in the names of the localities, and, unless reversed, shall forever settle, determine, designate and establish the true boundary line. A copy of any final judgment shall be certified to the Secretary of the Commonwealth. Either party may appeal from the judgment of the court to the Court of Appeals, and the cost of such appeal shall be awarded to the party substantially prevailing. If an appeal is taken from the judgment of the Court of Appeals, the Supreme Court, in matters in which it grants the petition for appeal, shall render a decision and award the costs of the appeal to the party that substantially prevailed.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":49946,"edition_id":2,"name":"Boundary Lines Established by Commissioners","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":49945,"metadata":{"child_laws":6,"child_structures":0},"date_created":"2026-08-02 02:18:40","date_modified":"2026-08-02 12:29:44","permalink":{"id":1383985,"object_type":"structure","relational_id":49946,"identifier":"1","token":"15.2\/III\/31\/1","url":"\/15.2\/III\/31\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49945,"edition_id":2,"name":"Settling Boundaries Between Localities","identifier":"31","label":"chapter","depth":3,"order_by":3,"parent_id":49941,"metadata":{"child_laws":10,"child_structures":2},"date_created":"2026-08-02 02:18:40","date_modified":"2026-08-02 12:29:44","permalink":{"id":1383983,"object_type":"structure","relational_id":49945,"identifier":"31","token":"15.2\/III\/31","url":"\/15.2\/III\/31\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49941,"edition_id":2,"name":"Boundary Adjustments and Changes of Status of Counties, Cities and Towns","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":49831,"metadata":{"child_laws":234,"child_structures":20},"date_created":"2026-08-02 02:18:37","date_modified":"2026-08-02 12:29:43","permalink":{"id":1383921,"object_type":"structure","relational_id":49941,"identifier":"III","token":"15.2\/III","url":"\/15.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":49831,"edition_id":2,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":46,"parent_id":null,"metadata":{"child_laws":2297,"child_structures":225},"date_created":"2026-08-02 02:16:22","date_modified":"2026-08-02 12:29:22","permalink":{"id":1378281,"object_type":"structure","relational_id":49831,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":348173,"structure_id":49946,"section_number":"15.2-3100","catch_line":"Commissioners to settle disputed boundary lines","url":"\/15.2-3100\/","token":"15.2\/III\/31\/1\/15.2-3100","metadata":false},{"id":348174,"structure_id":49946,"section_number":"15.2-3101","catch_line":"Survey and plats","url":"\/15.2-3101\/","token":"15.2\/III\/31\/1\/15.2-3101","metadata":false},{"id":348175,"structure_id":49946,"section_number":"15.2-3102","catch_line":"Report of commissioners","url":"\/15.2-3102\/","token":"15.2\/III\/31\/1\/15.2-3102","metadata":false},{"id":348176,"structure_id":49946,"section_number":"15.2-3103","catch_line":"Compensation of commissioners, etc","url":"\/15.2-3103\/","token":"15.2\/III\/31\/1\/15.2-3103","metadata":false},{"id":348177,"structure_id":49946,"section_number":"15.2-3104","catch_line":"Procedure when commissioners fail to agree","url":"\/15.2-3104\/","token":"15.2\/III\/31\/1\/15.2-3104","metadata":false},{"id":348178,"structure_id":49946,"section_number":"15.2-3105","catch_line":"Boundaries to embrace wharves, piers, docks and certain other structures","url":"\/15.2-3105\/","token":"15.2\/III\/31\/1\/15.2-3105","metadata":false}],"previous_section":{"id":348176,"structure_id":49946,"section_number":"15.2-3103","catch_line":"Compensation of commissioners, etc","url":"\/15.2-3103\/","token":"15.2\/III\/31\/1\/15.2-3103","metadata":false},"next_section":{"id":348178,"structure_id":49946,"section_number":"15.2-3105","catch_line":"Boundaries to embrace wharves, piers, docks and certain other structures","url":"\/15.2-3105\/","token":"15.2\/III\/31\/1\/15.2-3105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-3104\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 7 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1954, chapter 536; in 1962, chapter 623; in 1970, chapter 751; in 1973, chapter 544; in 1978, chapter 642; in 1979, chapter 456; in 1997, chapter 587<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1384003,"object_type":"law","relational_id":348177,"identifier":"15.2-3104","token":"15.2\/III\/31\/1\/15.2-3104","url":"\/15.2-3104\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/15.2-3104\/","token":"15.2\/III\/31\/1\/15.2-3104","dublin_core":{"Title":"Procedure when commissioners fail to agree","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-3104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the commissioners fail to agree upon the location of the line, they shall so report to the circuit<\/span> courts<\/span> for their respective localities, stating in their reports the points and grounds of disagreement and describing fully the conflicting lines. Either locality<\/span> may file a petition<\/span> in the circuit<\/span> court<\/span> for either locality<\/span> to have a court<\/span>, constituted as hereinafter provided, ascertain and establish the true boundary line in doubt or dispute. Such petition<\/span> shall describe, with reasonable certainty, the location contended for and shall state the grounds of such contention. A plat, showing the location contended for, filed with the petition<\/span>, may serve the purposes of such description. The petitioner shall make the other locality<\/span> the party<\/span> defendant<\/span>, and the case shall be commenced by serving a copy of the petition<\/span> upon the county<\/span> attorney, if any, or the attorney for the Commonwealth of such county<\/span>, the city<\/span> attorney of such city<\/span> or the town<\/span> attorney of such town<\/span>. No formal plea<\/span> or answer to the petition<\/span> shall be necessary, but the defendant<\/span> shall state its grounds of defense in writing, describing, with the same degree of certainty required of the petitioner, the line as contended for by the defendant<\/span>, and the locality<\/span> shall be deemed to be at issue<\/span>. The issue<\/span> shall be the true location of the boundary line so in doubt or dispute.<\/p>

The case shall be heard and decided by a court<\/span> without a jury<\/span> presided over by three judges<\/span> as follows: the judge<\/span> of the circuit<\/span> court<\/span> for the petitioning locality<\/span>, the judge<\/span> of the circuit<\/span> court<\/span> for the defendant<\/span> locality<\/span>, and a judge<\/span> of some circuit<\/span> court<\/span> in this Commonwealth remote from the localities, to be designated by the Chief Justice. When the localities are within the same circuit<\/span>, the Chief Justice shall designate a third judge<\/span> from an adjoining circuit<\/span>. The court<\/span> shall hear the case upon the evidence<\/span> introduced in the manner in which evidence<\/span> is introduced in common-law<\/span> cases and shall ascertain and establish the true boundary line by a majority decision, and shall give judgment<\/span> accordingly. Costs shall be awarded as the court<\/span> shall determine. The judgment<\/span> of the court<\/span> shall be recorded in the common-law<\/span> order<\/span> book and in the current deed book of the court<\/span> and indexed in the names of the localities, and, unless reversed, shall forever settle, determine, designate and establish the true boundary line. A copy of any final judgment<\/span> shall be certified to the Secretary of the Commonwealth. Either party<\/span> may appeal<\/span> from the judgment<\/span> of the court<\/span> to the Court<\/span> of Appeals<\/span>, and the cost of such appeal<\/span> shall be awarded to the party<\/span> substantially prevailing. If an appeal<\/span> is taken from the judgment<\/span> of the Court<\/span> of Appeals<\/span>, the Supreme Court<\/span>, in matters in which it grants the petition<\/span> for appeal<\/span>, shall render a decision and award the costs of the appeal<\/span> to the party<\/span> that substantially prevailed.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN COMMISSIONERS FAIL TO AGREE (\u00a7 15.2-3104)\n\nIf the commissioners fail to agree upon the location of the line, they shall so\nreport to the circuit courts for their respective localities, stating in their\nreports the points and grounds of disagreement and describing fully the\nconflicting lines. Either locality may file a petition in the circuit court for\neither locality to have a court, constituted as hereinafter provided, ascertain\nand establish the true boundary line in doubt or dispute. Such petition shall\ndescribe, with reasonable certainty, the location contended for and shall state\nthe grounds of such contention. A plat, showing the location contended for,\nfiled with the petition, may serve the purposes of such description. The\npetitioner shall make the other locality the party defendant, and the case shall\nbe commenced by serving a copy of the petition upon the county attorney, if any,\nor the attorney for the Commonwealth of such county, the city attorney of such\ncity or the town attorney of such town. No formal plea or answer to the petition\nshall be necessary, but the defendant shall state its grounds of defense in\nwriting, describing, with the same degree of certainty required of the\npetitioner, the line as contended for by the defendant, and the locality shall\nbe deemed to be at issue. The issue shall be the true location of the boundary\nline so in doubt or dispute.\n\nThe case shall be heard and decided by a court without a jury presided over by\nthree judges as follows: the judge of the circuit court for the petitioning\nlocality, the judge of the circuit court for the defendant locality, and a judge\nof some circuit court in this Commonwealth remote from the localities, to be\ndesignated by the Chief Justice. When the localities are within the same\ncircuit, the Chief Justice shall designate a third judge from an adjoining\ncircuit. The court shall hear the case upon the evidence introduced in the\nmanner in which evidence is introduced in common-law cases and shall ascertain\nand establish the true boundary line by a majority decision, and shall give\njudgment accordingly. Costs shall be awarded as the court shall determine. The\njudgment of the court shall be recorded in the common-law order book and in the\ncurrent deed book of the court and indexed in the names of the localities, and,\nunless reversed, shall forever settle, determine, designate and establish the\ntrue boundary line. A copy of any final judgment shall be certified to the\nSecretary of the Commonwealth. Either party may appeal from the judgment of the\ncourt to the Court of Appeals, and the cost of such appeal shall be awarded to\nthe party substantially prevailing. If an appeal is taken from the judgment of\nthe Court of Appeals, the Supreme Court, in matters in which it grants the\npetition for appeal, shall render a decision and award the costs of the appeal\nto the party that substantially prevailed.\n\nHISTORY: Code 1950, \u00a7 15-42; 1954, c. 536; 1962, c. 623, \u00a7 15.1-1030; 1970, c.\n751; 1973, c. 544; 1978, c. 642; 1979, c. 456; 1997, c. 587; 2021, Sp. Sess. I,\nc. 489.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}