15.2-3302 - Criteria for total immunity; judicial determination. - Virginia Statutes

§ 15.2-3302. Criteria for total immunity; judicial determination.

A. If, after receipt of a petition for immunity, the circuit court determinesthat the county or tier-city has a population at the time of the filing ofthe petition of at least 20,000 persons and a population density of at least300 persons per square mile, or a minimum population of at least 50,000persons and a population density of at least 140 persons per square mile,based either on the latest United States census, on the latest populationestimates of the Weldon Cooper Center for Public Service of the University ofVirginia, or on a special census conducted under court supervision, it shallenter an order declaring the total county or tier-city immune fromcity-initiated annexation and incorporation of new cities.

B. If the court determines that the county or tier-city has not met thecriteria for immunity as set forth in this section, it shall deny thecounty's or tier-city's petition.

C. In the determination of its population density, a county or tier-city mayelect to have excluded from consideration the area of property within itsboundaries which is owned by the federal and state governments and the areacovered by bodies of water of forty acres or more in size. If a county ortier-city elects to exclude such areas from consideration, any county ortier-city residents residing in such areas must also be excluded indetermining the county's or tier-city's population and population density.

(1979, c. 85, § 15.1-977.21; 1984, c. 695; 1997, c. 587.)