                                 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.