§ 15.2-3104. Procedure when commissioners fail to agree.
If the commissioners fail to agree upon the location of the line, they shallso report to the circuit courts for their respective localities, stating intheir reports the points and grounds of disagreement and describing fully theconflicting lines. Either locality may file a petition in the circuit courtfor either locality to have a court, constituted as hereinafter provided,ascertain and establish the true boundary line in doubt or dispute. Suchpetition shall describe, with reasonable certainty, the location contendedfor and shall state the grounds of such contention. A plat, showing thelocation contended for, filed with the petition, may serve the purposes ofsuch description. The petitioner shall make the other locality the partydefendant, and the case shall be commenced by serving a copy of the petitionupon the county attorney, if any, or the attorney for the Commonwealth ofsuch county, the city attorney of such city or the town attorney of suchtown. No formal plea or answer to the petition shall be necessary, but thedefendant shall state its grounds of defense in writing, describing, with thesame degree of certainty required of the petitioner, the line as contendedfor by the defendant, and the locality shall be deemed to be at issue. Theissue shall be the true location of the boundary line so in doubt or dispute.
The case shall be heard and decided by a court without a jury presided overby three judges as follows: the judge of the circuit court for thepetitioning locality, the judge of the circuit court for the defendantlocality, and a judge of some circuit court in this Commonwealth remote fromthe localities, to be designated by the Chief Justice. When the localitiesare within the same circuit, the Chief Justice shall designate a third judgefrom an adjoining circuit. The court shall hear the case upon the evidenceintroduced in the manner in which evidence is introduced in common-law casesand shall ascertain and establish the true boundary line by a majoritydecision, and shall give judgment accordingly. Costs shall be awarded as thecourt shall determine. The judgment of the court shall be recorded in thecommon-law order book and in the current deed book of the court and indexedin the names of the localities, and, unless reversed, shall forever settle,determine, designate and establish the true boundary line. A copy of anyfinal judgment shall be certified to the Secretary of the Commonwealth. Anappeal may be granted by the Supreme Court, or any justice thereof, to eitherparty from the judgment of the court, and the cost of such appeal shall beawarded to the party substantially prevailing.
(Code 1950, § 15-42; 1954, c. 536; 1962, c. 623, § 15.1-1030; 1970, c. 751;1973, c. 544; 1978, c. 642; 1979, c. 456; 1997, c. 587.)
§ 15.2-3104. Procedure when commissioners fail to agree.
If the commissioners fail to agree upon the location of the line, they shallso report to the circuit courts for their respective localities, stating intheir reports the points and grounds of disagreement and describing fully theconflicting lines. Either locality may file a petition in the circuit courtfor either locality to have a court, constituted as hereinafter provided,ascertain and establish the true boundary line in doubt or dispute. Suchpetition shall describe, with reasonable certainty, the location contendedfor and shall state the grounds of such contention. A plat, showing thelocation contended for, filed with the petition, may serve the purposes ofsuch description. The petitioner shall make the other locality the partydefendant, and the case shall be commenced by serving a copy of the petitionupon the county attorney, if any, or the attorney for the Commonwealth ofsuch county, the city attorney of such city or the town attorney of suchtown. No formal plea or answer to the petition shall be necessary, but thedefendant shall state its grounds of defense in writing, describing, with thesame degree of certainty required of the petitioner, the line as contendedfor by the defendant, and the locality shall be deemed to be at issue. Theissue shall be the true location of the boundary line so in doubt or dispute.
The case shall be heard and decided by a court without a jury presided overby three judges as follows: the judge of the circuit court for thepetitioning locality, the judge of the circuit court for the defendantlocality, and a judge of some circuit court in this Commonwealth remote fromthe localities, to be designated by the Chief Justice. When the localitiesare within the same circuit, the Chief Justice shall designate a third judgefrom an adjoining circuit. The court shall hear the case upon the evidenceintroduced in the manner in which evidence is introduced in common-law casesand shall ascertain and establish the true boundary line by a majoritydecision, and shall give judgment accordingly. Costs shall be awarded as thecourt shall determine. The judgment of the court shall be recorded in thecommon-law order book and in the current deed book of the court and indexedin the names of the localities, and, unless reversed, shall forever settle,determine, designate and establish the true boundary line. A copy of anyfinal judgment shall be certified to the Secretary of the Commonwealth. Anappeal may be granted by the Supreme Court, or any justice thereof, to eitherparty from the judgment of the court, and the cost of such appeal shall beawarded to the party substantially prevailing.
(Code 1950, § 15-42; 1954, c. 536; 1962, c. 623, § 15.1-1030; 1970, c. 751;1973, c. 544; 1978, c. 642; 1979, c. 456; 1997, c. 587.)
§ 15.2-3104. Procedure when commissioners fail to agree.
If the commissioners fail to agree upon the location of the line, they shallso report to the circuit courts for their respective localities, stating intheir reports the points and grounds of disagreement and describing fully theconflicting lines. Either locality may file a petition in the circuit courtfor either locality to have a court, constituted as hereinafter provided,ascertain and establish the true boundary line in doubt or dispute. Suchpetition shall describe, with reasonable certainty, the location contendedfor and shall state the grounds of such contention. A plat, showing thelocation contended for, filed with the petition, may serve the purposes ofsuch description. The petitioner shall make the other locality the partydefendant, and the case shall be commenced by serving a copy of the petitionupon the county attorney, if any, or the attorney for the Commonwealth ofsuch county, the city attorney of such city or the town attorney of suchtown. No formal plea or answer to the petition shall be necessary, but thedefendant shall state its grounds of defense in writing, describing, with thesame degree of certainty required of the petitioner, the line as contendedfor by the defendant, and the locality shall be deemed to be at issue. Theissue shall be the true location of the boundary line so in doubt or dispute.
The case shall be heard and decided by a court without a jury presided overby three judges as follows: the judge of the circuit court for thepetitioning locality, the judge of the circuit court for the defendantlocality, and a judge of some circuit court in this Commonwealth remote fromthe localities, to be designated by the Chief Justice. When the localitiesare within the same circuit, the Chief Justice shall designate a third judgefrom an adjoining circuit. The court shall hear the case upon the evidenceintroduced in the manner in which evidence is introduced in common-law casesand shall ascertain and establish the true boundary line by a majoritydecision, and shall give judgment accordingly. Costs shall be awarded as thecourt shall determine. The judgment of the court shall be recorded in thecommon-law order book and in the current deed book of the court and indexedin the names of the localities, and, unless reversed, shall forever settle,determine, designate and establish the true boundary line. A copy of anyfinal judgment shall be certified to the Secretary of the Commonwealth. Anappeal may be granted by the Supreme Court, or any justice thereof, to eitherparty from the judgment of the court, and the cost of such appeal shall beawarded to the party substantially prevailing.
(Code 1950, § 15-42; 1954, c. 536; 1962, c. 623, § 15.1-1030; 1970, c. 751;1973, c. 544; 1978, c. 642; 1979, c. 456; 1997, c. 587.)
