CHAPTER 550

An Act to amend and reenact § 15-152.12 of the Code of Virginia, relating
to the powers of court, rule of decision and terms and conditions in
annexation proceeding instituted by cities and towns. rH 571]

Approved March 31, 1960

Be it enacted by the General Assembly of Virginia:

1. That § 15-152.12 of the Code of Virginia be amended and reenacted
as follows:

§ 15-152.12. The court, in making its decision, shall balance the
equities in the case, and shall enter an order setting forth what it deems
fair and reasonable terms and conditions, and shall direct the annexation
in conformity therewith. It shall have power:

(a) To determine the metes and bounds of the territory to be annexed,
and may include a greater or smaller area than that described in the
ordinance or petition; the court shall so draw the lines of annexation as
to have a reasonably compact body of land, and so that no land shall be
taken into the city which is not adapted to city improvements, or which
the city will not need in the reasonably near future for development, unless
necessarily embraced in such compact body of land ; ;

b) To require the assumption by the city or town of a just proportion
of any existing debt of the county or any district therein;

(c) To 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 the value of public improvements, including but not limited to
the paving of public roads and streets, the construction of sidewalks
thereon, the installation of water-mains, or sewers, garbage disposal SyS-
tems, fire protection facilities, bridges, public schools and equipment there-
of, or any other permanent public improvements owned and maintained by
the county at the time of annexation; and further to compensate the county
in not more than five annual installments for prospective loss of net tax
revenues during the next five years, to such extent as the court in its
discretion may determine, because of annexation of taxable values to the

city;

(d) To 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 any such public improvement which becomes the property of
the town by annexation; provided, that the order may provide that if,
within five years after the order, such town becomes a city, it shall, from
and after it becomes a city, make such payments as are provided for in
paragraph (c) above for a period not to exceed five years from the date
of such order.

(e) In lieu of providing for compensation of the county for any public
improvement, to provide that any such improvement shall remain the
property of the county, or to provide for joint use thereof by the county
and city or town under such conditions as the court may prescribe with
consent of the governing bodies affected;

(f) To prescribe what capital outlays shall be made by the city in the
area after annexation; provided, that the court shall require of the city
the provision of any capital improvements which in its judgment are
essential to meet the needs of the annexed area and to bring the same up
to a standard equal to that of the remainder of the city; and provided
further, that the court may, in its discretion, require as a condition of
annexation the provision of capital improvements in addition to those
specified in the annexation ordinance when the same are required to meet
the needs of the area annexed.

(g) To require the payment by the city or town to any common carrier
of passengers by motor bus, who may become a party to said annexation
proceeding, of a sum to be determined by the court to compensate such
carrier for any loss or damage such carrier may suffer from the effects
of the annexation order upon the operations of such carrier; provided,
however, the said city or town may elect to permit such carrier to con-
tinue to operate within the annexed area for such period of time, to be
determined by the court, as will permit such carrier to liquidate and
recover its investment through depreciation.