§ 15.2-3211. Powers of court and rules of decision; terms and conditions.
The special court, in making its decision, shall balance the equities in thecase, shall enter an order setting forth what it deems fair and reasonableterms and conditions, and shall direct the annexation in conformitytherewith. It shall have power to:
1. Determine the metes and bounds of the territory to be annexed, and mayinclude a greater or smaller area than that described in the ordinance orpetition; the court shall so draw the lines of annexation as to have areasonably compact body of land and so that no land shall be taken into thecity which is not adapted to city improvements or which the city will notneed in the reasonably near future for development, unless necessarilyembraced in such compact body of land;
2. Require the assumption by the city or town of a just proportion of anyexisting debt of the county or any district therein;
3. Require the payment by the city of a sum to be determined by the court,payable on the effective date of annexation, to compensate the county for thevalue of public improvements, including but not limited to the paving ofpublic roads and streets, the construction of sidewalks thereon, theinstallation of water mains, or sewers, garbage disposal systems, fireprotection facilities, bridges, public schools and equipment thereof, or anyother permanent public improvements owned and maintained by the county at thetime of annexation; and further to compensate the county, in not more thanfive annual installments, for the prospective loss of net tax revenues duringthe next five years, to such extent as the court in its discretion maydetermine, because of the annexation of taxable values to the city;
4. Require the payment by a town of a sum to be determined by the court,payable on the effective date of annexation to compensate the county for anysuch public improvement which becomes the property of the town by annexation;the order may provide that if, within five years after the order, such townbecomes a city, it shall, from and after it becomes a city, make suchpayments as are provided for in subdivision 3 for a period not to exceed fiveyears from the date of such order;
5. In lieu of providing for compensation of the county for any publicimprovement, provide that any such improvement shall remain the property ofthe county, or provide for joint use thereof by the county and the city ortown under such conditions as the court may prescribe with the consent of theaffected localities;
6. Prescribe what capital outlays shall be made by the city in the area afterannexation; the court shall require of the city the provision of any capitalimprovements which in its judgment are essential to meet the needs of theannexed area and to bring the same up to a standard equal to that of theremainder of the city; and the court may, in its discretion, require as acondition of annexation the provision of capital improvements in addition tothose specified in the annexation ordinance when the same are required tomeet the needs of the area annexed;
7. Require the payment by the city or town to any common carrier ofpassengers by motor bus, who may become a party to the annexation proceeding,of a sum to be determined by the court to compensate such carrier for anyloss or damage such carrier may suffer from the effects of the annexationorder upon its operations. However, the city or town may elect to permit thecarrier to continue to operate within the annexed area for such period oftime, to be determined by the court, as will permit the carrier to liquidateand recover its investment through depreciation.
(Code 1950, § 15-152.12; 1952, c. 328; 1960, c. 550; 1962, c. 623, §15.1-1042; 1997, c. 587.)
§ 15.2-3211. Powers of court and rules of decision; terms and conditions.
The special court, in making its decision, shall balance the equities in thecase, shall enter an order setting forth what it deems fair and reasonableterms and conditions, and shall direct the annexation in conformitytherewith. It shall have power to:
1. Determine the metes and bounds of the territory to be annexed, and mayinclude a greater or smaller area than that described in the ordinance orpetition; the court shall so draw the lines of annexation as to have areasonably compact body of land and so that no land shall be taken into thecity which is not adapted to city improvements or which the city will notneed in the reasonably near future for development, unless necessarilyembraced in such compact body of land;
2. Require the assumption by the city or town of a just proportion of anyexisting debt of the county or any district therein;
3. Require the payment by the city of a sum to be determined by the court,payable on the effective date of annexation, to compensate the county for thevalue of public improvements, including but not limited to the paving ofpublic roads and streets, the construction of sidewalks thereon, theinstallation of water mains, or sewers, garbage disposal systems, fireprotection facilities, bridges, public schools and equipment thereof, or anyother permanent public improvements owned and maintained by the county at thetime of annexation; and further to compensate the county, in not more thanfive annual installments, for the prospective loss of net tax revenues duringthe next five years, to such extent as the court in its discretion maydetermine, because of the annexation of taxable values to the city;
4. Require the payment by a town of a sum to be determined by the court,payable on the effective date of annexation to compensate the county for anysuch public improvement which becomes the property of the town by annexation;the order may provide that if, within five years after the order, such townbecomes a city, it shall, from and after it becomes a city, make suchpayments as are provided for in subdivision 3 for a period not to exceed fiveyears from the date of such order;
5. In lieu of providing for compensation of the county for any publicimprovement, provide that any such improvement shall remain the property ofthe county, or provide for joint use thereof by the county and the city ortown under such conditions as the court may prescribe with the consent of theaffected localities;
6. Prescribe what capital outlays shall be made by the city in the area afterannexation; the court shall require of the city the provision of any capitalimprovements which in its judgment are essential to meet the needs of theannexed area and to bring the same up to a standard equal to that of theremainder of the city; and the court may, in its discretion, require as acondition of annexation the provision of capital improvements in addition tothose specified in the annexation ordinance when the same are required tomeet the needs of the area annexed;
7. Require the payment by the city or town to any common carrier ofpassengers by motor bus, who may become a party to the annexation proceeding,of a sum to be determined by the court to compensate such carrier for anyloss or damage such carrier may suffer from the effects of the annexationorder upon its operations. However, the city or town may elect to permit thecarrier to continue to operate within the annexed area for such period oftime, to be determined by the court, as will permit the carrier to liquidateand recover its investment through depreciation.
(Code 1950, § 15-152.12; 1952, c. 328; 1960, c. 550; 1962, c. 623, §15.1-1042; 1997, c. 587.)
§ 15.2-3211. Powers of court and rules of decision; terms and conditions.
The special court, in making its decision, shall balance the equities in thecase, shall enter an order setting forth what it deems fair and reasonableterms and conditions, and shall direct the annexation in conformitytherewith. It shall have power to:
1. Determine the metes and bounds of the territory to be annexed, and mayinclude a greater or smaller area than that described in the ordinance orpetition; the court shall so draw the lines of annexation as to have areasonably compact body of land and so that no land shall be taken into thecity which is not adapted to city improvements or which the city will notneed in the reasonably near future for development, unless necessarilyembraced in such compact body of land;
2. Require the assumption by the city or town of a just proportion of anyexisting debt of the county or any district therein;
3. Require the payment by the city of a sum to be determined by the court,payable on the effective date of annexation, to compensate the county for thevalue of public improvements, including but not limited to the paving ofpublic roads and streets, the construction of sidewalks thereon, theinstallation of water mains, or sewers, garbage disposal systems, fireprotection facilities, bridges, public schools and equipment thereof, or anyother permanent public improvements owned and maintained by the county at thetime of annexation; and further to compensate the county, in not more thanfive annual installments, for the prospective loss of net tax revenues duringthe next five years, to such extent as the court in its discretion maydetermine, because of the annexation of taxable values to the city;
4. Require the payment by a town of a sum to be determined by the court,payable on the effective date of annexation to compensate the county for anysuch public improvement which becomes the property of the town by annexation;the order may provide that if, within five years after the order, such townbecomes a city, it shall, from and after it becomes a city, make suchpayments as are provided for in subdivision 3 for a period not to exceed fiveyears from the date of such order;
5. In lieu of providing for compensation of the county for any publicimprovement, provide that any such improvement shall remain the property ofthe county, or provide for joint use thereof by the county and the city ortown under such conditions as the court may prescribe with the consent of theaffected localities;
6. Prescribe what capital outlays shall be made by the city in the area afterannexation; the court shall require of the city the provision of any capitalimprovements which in its judgment are essential to meet the needs of theannexed area and to bring the same up to a standard equal to that of theremainder of the city; and the court may, in its discretion, require as acondition of annexation the provision of capital improvements in addition tothose specified in the annexation ordinance when the same are required tomeet the needs of the area annexed;
7. Require the payment by the city or town to any common carrier ofpassengers by motor bus, who may become a party to the annexation proceeding,of a sum to be determined by the court to compensate such carrier for anyloss or damage such carrier may suffer from the effects of the annexationorder upon its operations. However, the city or town may elect to permit thecarrier to continue to operate within the annexed area for such period oftime, to be determined by the court, as will permit the carrier to liquidateand recover its investment through depreciation.
(Code 1950, § 15-152.12; 1952, c. 328; 1960, c. 550; 1962, c. 623, §15.1-1042; 1997, c. 587.)
