15.2-3526 - Hearing and decision by court. - Virginia Statutes

§ 15.2-3526. Hearing and decision by court.

A. The court shall order an election to be held as provided in § 15.2-3538if, after hearing the evidence, it finds that:

1. The proposed consolidation has a minimum population of 20,000 persons anda density of at least 300 persons per square mile, or a minimum population of50,000 persons and a population density of at least 140 persons per squaremile, based on the latest United States census, or 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; however,where the proposed consolidation includes an existing city, the populationand density requirements set forth in this subdivision shall not apply;

2. The proposed consolidation has the fiscal capacity to function as anindependent city and is able to provide appropriate services; and

3. After a consideration of the best interests of the parties, the interestof the Commonwealth in the compliance with and the promotion of applicablestate policies with respect to environmental protection, public planning,education, public transportation, housing and other state service policiesdeclared by the General Assembly, and the interest of the Commonwealth inpromoting strong and viable units of government in the area, the proposedconsolidation is eligible for city status.

B. The court shall be limited in its decision to granting or denyingeligibility for city status and shall have no authority to impose terms orconditions with respect to a proposed consolidation.

C. If a majority of the court is of the opinion that the criteria set out insubsection A herein have not been met, then eligibility for city status shallbe denied.

D. The court shall render a written opinion in every case brought under theprovisions of this article.

(1979, c. 85, § 15.1-1130.8; 1997, c. 587.)