§ 15.2-2907. Actions for annexation, immunity, establishment of city, etc.;investigations and reports by Commission; negotiation.
A. No locality or person shall file any action in any court in Virginia toannex territory, to have an area declared immune from annexation based uponprovision of urban-type services, to establish an independent city, toconsolidate two or more localities, at least one of which is a county, into acity, to make a transition from a county to a city or to make a transitionfrom city status to town status, without first notifying the Commission andall local governments located within or contiguous to, or sharing functions,revenue, or tax sources with, the locality proposing such action. Uponreceipt of the notice the Commission shall hold hearings, makeinvestigations, analyze local needs and make findings of facts andrecommendations, which may, in cases where immunity or annexation is sought,recommend a grant of immunity or annexation of a greater or smaller area thanthat proposed by the locality pursuant to the procedures of this chapter.Such findings shall be rendered within six months after the Commissionreceives notice from the locality intending to file court action, providedthat the Commission on its own motion may extend the period for filing itsreport by no more than sixty days. No further extension thereafter of thetime for filing shall be made by the Commission without the agreement of theparties. No court action may be filed until the Commission has made itsfindings of facts. Unless the parties agree otherwise, no court action may befiled more than 180 days after the Commission renders its final report asprovided for in this section. While the matter is before the Commission, theCommission may actively seek to negotiate a settlement of the proposed actionbetween the affected localities. The Commission may direct that the conductof the negotiations be in executive session. In addition, the Commission may,with the agreement of the parties, appoint an independent mediator, who shallbe compensated as agreed to by the parties. Offers and statements made innegotiations shall not be reported in the finding of facts or introduced inevidence in any subsequent court proceedings between the parties.
B. The Commission shall report, in writing, its findings and recommendationsto the affected localities, any other localities likely to be affected bysuch proposed action, and to any court which may subsequently consider theaction. The report shall be based upon the criteria and standards establishedby law for any such proposed action. The report, or any copy thereof, bearingthe signature of the chairman of the Commission shall be admissible inevidence in any subsequent proceeding relating to the subject matter thereof.The court in any such proceeding shall consider the report but shall not bebound by the report's findings or recommendations.
Before making the report the Commission shall conduct hearings at which anyinterested person may testify. Prior to the hearing, the Commission shallpublish a notice of the hearing once a week for two successive weeks in anewspaper of general circulation in the affected counties and cities. Thesecond advertisement shall appear not less than six days nor more thantwenty-one days prior to the hearing.
C. A court on motion of any party or of the Commission may for cause shownextend the time for filing of the Commission's report but no such extensionof time shall exceed ninety days unless the parties agree otherwise.
D. Except for any hearing or meeting specifically required by law, Chapter 37(§ 2.2-3700 et seq.) of Title 2.2 shall not be applicable to the Commissionnor meetings convened by members of the Commission, its employees, or by itsdesignated mediators with local governing bodies or members thereof, norshall such chapter be applicable to meetings of local governing bodies, ormembers thereof, held for purpose of negotiating any issues which are orwould be subject to the Commission's review. Offers and statements made inany negotiation or mediation activity conducted under the direction of theCommission shall not be recorded in any report issued by the Commission, norshall they be introduced in evidence in any subsequent court proceeding bythe Commission or any other party.
E. Notwithstanding any other provision of law, any locality, either prior orsubsequent to the filing of any annexation or partial immunity suit in anycourt of this Commonwealth in which it is one of the parties, may notify theCommission on Local Government that it desires to attempt to negotiate anagreement with one or more adjacent localities relative to annexation orpartial immunity under the direction of the Commission. A copy of the noticeshall be served on all adjacent localities. The affected localities shallthen attempt to resolve their differences relative to annexation or partialimmunity, and shall keep the Commission advised of the progress being made.The Commission, or its designee, may serve as a mediator and the Commission'sstaff and resources shall be available to the negotiating localities. Allexpenses of the negotiations, including expenses of the Commission or itsstaff incurred in the negotiations, shall be borne by the parties initiatingthe notice unless otherwise agreed by the parties. All suits for eitherannexation or partial immunity by or against any locality involved in suchnegotiations shall be stayed while the negotiations are in progress. If,after a hearing, the Commission finds that none of the parties is willing tocontinue to negotiate, or if it finds that three months have elapsed with nosubstantial progress toward settlement, it shall declare the negotiations tobe terminated. Unless the parties agree otherwise, negotiations shall in anyevent terminate twelve months from the date the initial notice was given tothe Commission. Immediately upon such finding and declaration by theCommission, or upon the expiration of twelve months from the initial noticeor any agreed extension thereof, whichever first occurs, any stay of apending suit for annexation or partial immunity entered under this sectionshall automatically terminate and no new notice to negotiate shall thereafterbe filed by any party.
F. A locality may proceed simultaneously under subsections A and E of thissection.
(1980, c. 558, 577, 592, § 15.1-945.7; 1983, c. 217; 1985, c. 478; 1988, c.881; 1997, c. 587.)
§ 15.2-2907. Actions for annexation, immunity, establishment of city, etc.;investigations and reports by Commission; negotiation.
A. No locality or person shall file any action in any court in Virginia toannex territory, to have an area declared immune from annexation based uponprovision of urban-type services, to establish an independent city, toconsolidate two or more localities, at least one of which is a county, into acity, to make a transition from a county to a city or to make a transitionfrom city status to town status, without first notifying the Commission andall local governments located within or contiguous to, or sharing functions,revenue, or tax sources with, the locality proposing such action. Uponreceipt of the notice the Commission shall hold hearings, makeinvestigations, analyze local needs and make findings of facts andrecommendations, which may, in cases where immunity or annexation is sought,recommend a grant of immunity or annexation of a greater or smaller area thanthat proposed by the locality pursuant to the procedures of this chapter.Such findings shall be rendered within six months after the Commissionreceives notice from the locality intending to file court action, providedthat the Commission on its own motion may extend the period for filing itsreport by no more than sixty days. No further extension thereafter of thetime for filing shall be made by the Commission without the agreement of theparties. No court action may be filed until the Commission has made itsfindings of facts. Unless the parties agree otherwise, no court action may befiled more than 180 days after the Commission renders its final report asprovided for in this section. While the matter is before the Commission, theCommission may actively seek to negotiate a settlement of the proposed actionbetween the affected localities. The Commission may direct that the conductof the negotiations be in executive session. In addition, the Commission may,with the agreement of the parties, appoint an independent mediator, who shallbe compensated as agreed to by the parties. Offers and statements made innegotiations shall not be reported in the finding of facts or introduced inevidence in any subsequent court proceedings between the parties.
B. The Commission shall report, in writing, its findings and recommendationsto the affected localities, any other localities likely to be affected bysuch proposed action, and to any court which may subsequently consider theaction. The report shall be based upon the criteria and standards establishedby law for any such proposed action. The report, or any copy thereof, bearingthe signature of the chairman of the Commission shall be admissible inevidence in any subsequent proceeding relating to the subject matter thereof.The court in any such proceeding shall consider the report but shall not bebound by the report's findings or recommendations.
Before making the report the Commission shall conduct hearings at which anyinterested person may testify. Prior to the hearing, the Commission shallpublish a notice of the hearing once a week for two successive weeks in anewspaper of general circulation in the affected counties and cities. Thesecond advertisement shall appear not less than six days nor more thantwenty-one days prior to the hearing.
C. A court on motion of any party or of the Commission may for cause shownextend the time for filing of the Commission's report but no such extensionof time shall exceed ninety days unless the parties agree otherwise.
D. Except for any hearing or meeting specifically required by law, Chapter 37(§ 2.2-3700 et seq.) of Title 2.2 shall not be applicable to the Commissionnor meetings convened by members of the Commission, its employees, or by itsdesignated mediators with local governing bodies or members thereof, norshall such chapter be applicable to meetings of local governing bodies, ormembers thereof, held for purpose of negotiating any issues which are orwould be subject to the Commission's review. Offers and statements made inany negotiation or mediation activity conducted under the direction of theCommission shall not be recorded in any report issued by the Commission, norshall they be introduced in evidence in any subsequent court proceeding bythe Commission or any other party.
E. Notwithstanding any other provision of law, any locality, either prior orsubsequent to the filing of any annexation or partial immunity suit in anycourt of this Commonwealth in which it is one of the parties, may notify theCommission on Local Government that it desires to attempt to negotiate anagreement with one or more adjacent localities relative to annexation orpartial immunity under the direction of the Commission. A copy of the noticeshall be served on all adjacent localities. The affected localities shallthen attempt to resolve their differences relative to annexation or partialimmunity, and shall keep the Commission advised of the progress being made.The Commission, or its designee, may serve as a mediator and the Commission'sstaff and resources shall be available to the negotiating localities. Allexpenses of the negotiations, including expenses of the Commission or itsstaff incurred in the negotiations, shall be borne by the parties initiatingthe notice unless otherwise agreed by the parties. All suits for eitherannexation or partial immunity by or against any locality involved in suchnegotiations shall be stayed while the negotiations are in progress. If,after a hearing, the Commission finds that none of the parties is willing tocontinue to negotiate, or if it finds that three months have elapsed with nosubstantial progress toward settlement, it shall declare the negotiations tobe terminated. Unless the parties agree otherwise, negotiations shall in anyevent terminate twelve months from the date the initial notice was given tothe Commission. Immediately upon such finding and declaration by theCommission, or upon the expiration of twelve months from the initial noticeor any agreed extension thereof, whichever first occurs, any stay of apending suit for annexation or partial immunity entered under this sectionshall automatically terminate and no new notice to negotiate shall thereafterbe filed by any party.
F. A locality may proceed simultaneously under subsections A and E of thissection.
(1980, c. 558, 577, 592, § 15.1-945.7; 1983, c. 217; 1985, c. 478; 1988, c.881; 1997, c. 587.)
§ 15.2-2907. Actions for annexation, immunity, establishment of city, etc.;investigations and reports by Commission; negotiation.
A. No locality or person shall file any action in any court in Virginia toannex territory, to have an area declared immune from annexation based uponprovision of urban-type services, to establish an independent city, toconsolidate two or more localities, at least one of which is a county, into acity, to make a transition from a county to a city or to make a transitionfrom city status to town status, without first notifying the Commission andall local governments located within or contiguous to, or sharing functions,revenue, or tax sources with, the locality proposing such action. Uponreceipt of the notice the Commission shall hold hearings, makeinvestigations, analyze local needs and make findings of facts andrecommendations, which may, in cases where immunity or annexation is sought,recommend a grant of immunity or annexation of a greater or smaller area thanthat proposed by the locality pursuant to the procedures of this chapter.Such findings shall be rendered within six months after the Commissionreceives notice from the locality intending to file court action, providedthat the Commission on its own motion may extend the period for filing itsreport by no more than sixty days. No further extension thereafter of thetime for filing shall be made by the Commission without the agreement of theparties. No court action may be filed until the Commission has made itsfindings of facts. Unless the parties agree otherwise, no court action may befiled more than 180 days after the Commission renders its final report asprovided for in this section. While the matter is before the Commission, theCommission may actively seek to negotiate a settlement of the proposed actionbetween the affected localities. The Commission may direct that the conductof the negotiations be in executive session. In addition, the Commission may,with the agreement of the parties, appoint an independent mediator, who shallbe compensated as agreed to by the parties. Offers and statements made innegotiations shall not be reported in the finding of facts or introduced inevidence in any subsequent court proceedings between the parties.
B. The Commission shall report, in writing, its findings and recommendationsto the affected localities, any other localities likely to be affected bysuch proposed action, and to any court which may subsequently consider theaction. The report shall be based upon the criteria and standards establishedby law for any such proposed action. The report, or any copy thereof, bearingthe signature of the chairman of the Commission shall be admissible inevidence in any subsequent proceeding relating to the subject matter thereof.The court in any such proceeding shall consider the report but shall not bebound by the report's findings or recommendations.
Before making the report the Commission shall conduct hearings at which anyinterested person may testify. Prior to the hearing, the Commission shallpublish a notice of the hearing once a week for two successive weeks in anewspaper of general circulation in the affected counties and cities. Thesecond advertisement shall appear not less than six days nor more thantwenty-one days prior to the hearing.
C. A court on motion of any party or of the Commission may for cause shownextend the time for filing of the Commission's report but no such extensionof time shall exceed ninety days unless the parties agree otherwise.
D. Except for any hearing or meeting specifically required by law, Chapter 37(§ 2.2-3700 et seq.) of Title 2.2 shall not be applicable to the Commissionnor meetings convened by members of the Commission, its employees, or by itsdesignated mediators with local governing bodies or members thereof, norshall such chapter be applicable to meetings of local governing bodies, ormembers thereof, held for purpose of negotiating any issues which are orwould be subject to the Commission's review. Offers and statements made inany negotiation or mediation activity conducted under the direction of theCommission shall not be recorded in any report issued by the Commission, norshall they be introduced in evidence in any subsequent court proceeding bythe Commission or any other party.
E. Notwithstanding any other provision of law, any locality, either prior orsubsequent to the filing of any annexation or partial immunity suit in anycourt of this Commonwealth in which it is one of the parties, may notify theCommission on Local Government that it desires to attempt to negotiate anagreement with one or more adjacent localities relative to annexation orpartial immunity under the direction of the Commission. A copy of the noticeshall be served on all adjacent localities. The affected localities shallthen attempt to resolve their differences relative to annexation or partialimmunity, and shall keep the Commission advised of the progress being made.The Commission, or its designee, may serve as a mediator and the Commission'sstaff and resources shall be available to the negotiating localities. Allexpenses of the negotiations, including expenses of the Commission or itsstaff incurred in the negotiations, shall be borne by the parties initiatingthe notice unless otherwise agreed by the parties. All suits for eitherannexation or partial immunity by or against any locality involved in suchnegotiations shall be stayed while the negotiations are in progress. If,after a hearing, the Commission finds that none of the parties is willing tocontinue to negotiate, or if it finds that three months have elapsed with nosubstantial progress toward settlement, it shall declare the negotiations tobe terminated. Unless the parties agree otherwise, negotiations shall in anyevent terminate twelve months from the date the initial notice was given tothe Commission. Immediately upon such finding and declaration by theCommission, or upon the expiration of twelve months from the initial noticeor any agreed extension thereof, whichever first occurs, any stay of apending suit for annexation or partial immunity entered under this sectionshall automatically terminate and no new notice to negotiate shall thereafterbe filed by any party.
F. A locality may proceed simultaneously under subsections A and E of thissection.
(1980, c. 558, 577, 592, § 15.1-945.7; 1983, c. 217; 1985, c. 478; 1988, c.881; 1997, c. 587.)
