15.2-3234 - Inability to agree; petition to Commission on Local Government. - Virginia Statutes

§ 15.2-3234. Inability to agree; petition to Commission on Local Government.

In the event the governing bodies of the town and county cannot reach avoluntary agreement as to future annexation rights, the town may, byordinance duly adopted by a majority vote of its governing body, petition theCommission on Local Government for an order establishing the rights of thetown to annex territory by ordinance under specified agreed terms. A copy ofsuch petition and ordinance shall be served on the attorney for theCommonwealth, or county attorney, if there is one, and on the chairman of theboard of supervisors of the county. The county shall file its response tosuch petition with the Commission within sixty days after receipt of servicethereof.

After the time for filing of a response by the county has elapsed, theCommission shall establish a date, time and place for a hearing, to beconducted in the county or the town, at which the parties, and any residentor property owner of either the county or the town may appear and presentevidence or comment on the rights petitioned for by the town. After receivingsuch evidence, and making such further investigation as it deems appropriate,and based upon the criteria set forth in § 15.2-3209, the Commission shallenter an order which grants such rights to the town, either upon the termsset forth in the petition or upon some modified basis. The order shall in noevent grant to the town the right to annex county territory by ordinance morefrequently than once every five years.

(1979, c. 85, § 15.1-1058.4; 1997, c. 587.)