The special court shall hear the case upon the evidence introduced asevidence 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 ortown, services to be rendered and needs of the people of the area proposed tobe annexed, the best interests of the people in the remaining portion of thecounty and the best interests of the Commonwealth in promoting strong andviable 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 levelof services provided in the county, city or town, and the ability of suchcounty, city or town to provide services in the area sought to be annexed,including, but not limited to: sewage treatment, water, solid wastecollection and disposal, public planning, subdivision regulation and zoning,crime prevention and detection, fire prevention and protection, publicrecreational facilities, library facilities, curbs, gutters, sidewalks, stormdrains, street lighting, snow removal, and street maintenance;
2. The current relative level of services provided by the county and the cityor town;
3. The efforts by the county and the city or town to comply with applicablestate policies with respect to environmental protection, public planning,education, public transportation, housing, or other state service policiespromulgated by the General Assembly;
4. The community of interest which may exist between the petitioner, theterritory sought to be annexed and its citizens as well as the community ofinterest that exists between such area and its citizens and the county. Theterm "community of interest" may include, but not be limited to, theconsideration of natural neighborhoods, natural and man-made boundaries, andthe similarity of needs of the people of the annexing area and the areasought to be annexed;
5. Any arbitrary prior refusal by the governing body of the petitioner or thecounty whose territory is sought to be annexed to enter into cooperativeagreements providing for joint activities which would have benefited citizensof both localities; however, the court shall draw no adverse inference fromjoint activities undertaken and implemented pursuant to cooperativeagreements of the parties. It is the purpose of this subdivision to encourageadjoining 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 taxresources, including its real estate and personal property tax base;
7. The need for the city or town seeking to annex to obtain land forindustrial or commercial use, together with the adverse effect on a county ofthe loss of areas suitable and developable for industrial or commercial uses;
8. The adverse effect of the loss of tax resources and public facilities onthe ability of the county to provide service to the people in the remainingportion of the county; and
9. The adverse impact on agricultural operations in the area proposed forannexation.
If a majority of the court is of the opinion that annexation is not necessaryor expedient, the petition for annexation shall be dismissed. If a majorityof the court is satisfied of the necessity for and expediency of annexation,it shall determine the terms and conditions upon which annexation is to behad, and shall enter an order granting the petition. The court may in theorder awarding annexation of any area, fix terms and conditions, includingbut not limited to the rights provided in Chapter 3 (§ 3.2-300 et seq.) ofTitle 3.2, to protect agricultural operations in the area annexed. In allcases, the court shall render a written opinion.
The order granting the petition shall set forth in detail all such terms andconditions upon which the petition is granted. Every annexation order shallbe effective on January 1 following the year in which issued or, in thediscretion of the court, on the second January 1 following the year in whichissued; however, the court, upon joint petition of the parties, may order anannexation effective on any other date. Unless the parties otherwise agree,all taxes assessed in the territory annexed for the year at the end of whichannexation becomes effective and for all prior years shall be paid to thecounty.
In any proceedings instituted by a city or town, no annexation shall bedecreed unless the court is satisfied that the city or town has substantiallycomplied with the conditions of the last preceding annexation by such city ortown, or that compliance therewith was impossible, or that sufficient timefor compliance has not elapsed.
In the event that the court enters an order granting the petition, a copy ofthe order shall be certified to the Secretary of the Commonwealth. TheSecretary shall immediately transmit a copy of such order to the StateComptroller for his use in complying with § 4.1-117.
(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.)
The special court shall hear the case upon the evidence introduced asevidence 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 ortown, services to be rendered and needs of the people of the area proposed tobe annexed, the best interests of the people in the remaining portion of thecounty and the best interests of the Commonwealth in promoting strong andviable 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 levelof services provided in the county, city or town, and the ability of suchcounty, city or town to provide services in the area sought to be annexed,including, but not limited to: sewage treatment, water, solid wastecollection and disposal, public planning, subdivision regulation and zoning,crime prevention and detection, fire prevention and protection, publicrecreational facilities, library facilities, curbs, gutters, sidewalks, stormdrains, street lighting, snow removal, and street maintenance;
2. The current relative level of services provided by the county and the cityor town;
3. The efforts by the county and the city or town to comply with applicablestate policies with respect to environmental protection, public planning,education, public transportation, housing, or other state service policiespromulgated by the General Assembly;
4. The community of interest which may exist between the petitioner, theterritory sought to be annexed and its citizens as well as the community ofinterest that exists between such area and its citizens and the county. Theterm "community of interest" may include, but not be limited to, theconsideration of natural neighborhoods, natural and man-made boundaries, andthe similarity of needs of the people of the annexing area and the areasought to be annexed;
5. Any arbitrary prior refusal by the governing body of the petitioner or thecounty whose territory is sought to be annexed to enter into cooperativeagreements providing for joint activities which would have benefited citizensof both localities; however, the court shall draw no adverse inference fromjoint activities undertaken and implemented pursuant to cooperativeagreements of the parties. It is the purpose of this subdivision to encourageadjoining 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 taxresources, including its real estate and personal property tax base;
7. The need for the city or town seeking to annex to obtain land forindustrial or commercial use, together with the adverse effect on a county ofthe loss of areas suitable and developable for industrial or commercial uses;
8. The adverse effect of the loss of tax resources and public facilities onthe ability of the county to provide service to the people in the remainingportion of the county; and
9. The adverse impact on agricultural operations in the area proposed forannexation.
If a majority of the court is of the opinion that annexation is not necessaryor expedient, the petition for annexation shall be dismissed. If a majorityof the court is satisfied of the necessity for and expediency of annexation,it shall determine the terms and conditions upon which annexation is to behad, and shall enter an order granting the petition. The court may in theorder awarding annexation of any area, fix terms and conditions, includingbut not limited to the rights provided in Chapter 3 (§ 3.2-300 et seq.) ofTitle 3.2, to protect agricultural operations in the area annexed. In allcases, the court shall render a written opinion.
The order granting the petition shall set forth in detail all such terms andconditions upon which the petition is granted. Every annexation order shallbe effective on January 1 following the year in which issued or, in thediscretion of the court, on the second January 1 following the year in whichissued; however, the court, upon joint petition of the parties, may order anannexation effective on any other date. Unless the parties otherwise agree,all taxes assessed in the territory annexed for the year at the end of whichannexation becomes effective and for all prior years shall be paid to thecounty.
In any proceedings instituted by a city or town, no annexation shall bedecreed unless the court is satisfied that the city or town has substantiallycomplied with the conditions of the last preceding annexation by such city ortown, or that compliance therewith was impossible, or that sufficient timefor compliance has not elapsed.
In the event that the court enters an order granting the petition, a copy ofthe order shall be certified to the Secretary of the Commonwealth. TheSecretary shall immediately transmit a copy of such order to the StateComptroller for his use in complying with § 4.1-117.
(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.)
The special court shall hear the case upon the evidence introduced asevidence 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 ortown, services to be rendered and needs of the people of the area proposed tobe annexed, the best interests of the people in the remaining portion of thecounty and the best interests of the Commonwealth in promoting strong andviable 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 levelof services provided in the county, city or town, and the ability of suchcounty, city or town to provide services in the area sought to be annexed,including, but not limited to: sewage treatment, water, solid wastecollection and disposal, public planning, subdivision regulation and zoning,crime prevention and detection, fire prevention and protection, publicrecreational facilities, library facilities, curbs, gutters, sidewalks, stormdrains, street lighting, snow removal, and street maintenance;
2. The current relative level of services provided by the county and the cityor town;
3. The efforts by the county and the city or town to comply with applicablestate policies with respect to environmental protection, public planning,education, public transportation, housing, or other state service policiespromulgated by the General Assembly;
4. The community of interest which may exist between the petitioner, theterritory sought to be annexed and its citizens as well as the community ofinterest that exists between such area and its citizens and the county. Theterm "community of interest" may include, but not be limited to, theconsideration of natural neighborhoods, natural and man-made boundaries, andthe similarity of needs of the people of the annexing area and the areasought to be annexed;
5. Any arbitrary prior refusal by the governing body of the petitioner or thecounty whose territory is sought to be annexed to enter into cooperativeagreements providing for joint activities which would have benefited citizensof both localities; however, the court shall draw no adverse inference fromjoint activities undertaken and implemented pursuant to cooperativeagreements of the parties. It is the purpose of this subdivision to encourageadjoining 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 taxresources, including its real estate and personal property tax base;
7. The need for the city or town seeking to annex to obtain land forindustrial or commercial use, together with the adverse effect on a county ofthe loss of areas suitable and developable for industrial or commercial uses;
8. The adverse effect of the loss of tax resources and public facilities onthe ability of the county to provide service to the people in the remainingportion of the county; and
9. The adverse impact on agricultural operations in the area proposed forannexation.
If a majority of the court is of the opinion that annexation is not necessaryor expedient, the petition for annexation shall be dismissed. If a majorityof the court is satisfied of the necessity for and expediency of annexation,it shall determine the terms and conditions upon which annexation is to behad, and shall enter an order granting the petition. The court may in theorder awarding annexation of any area, fix terms and conditions, includingbut not limited to the rights provided in Chapter 3 (§ 3.2-300 et seq.) ofTitle 3.2, to protect agricultural operations in the area annexed. In allcases, the court shall render a written opinion.
The order granting the petition shall set forth in detail all such terms andconditions upon which the petition is granted. Every annexation order shallbe effective on January 1 following the year in which issued or, in thediscretion of the court, on the second January 1 following the year in whichissued; however, the court, upon joint petition of the parties, may order anannexation effective on any other date. Unless the parties otherwise agree,all taxes assessed in the territory annexed for the year at the end of whichannexation becomes effective and for all prior years shall be paid to thecounty.
In any proceedings instituted by a city or town, no annexation shall bedecreed unless the court is satisfied that the city or town has substantiallycomplied with the conditions of the last preceding annexation by such city ortown, or that compliance therewith was impossible, or that sufficient timefor compliance has not elapsed.
In the event that the court enters an order granting the petition, a copy ofthe order shall be certified to the Secretary of the Commonwealth. TheSecretary shall immediately transmit a copy of such order to the StateComptroller for his use in complying with § 4.1-117.
(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.)
