Chap. 412.-An ACT to amend and re-enact section 2958 of the Code of Vir-
ginia, in relation to the extension or contraction of corporate limits of cities
and towns. ([S B 12s]

Approved March 23, 1928

1. Be it enacted by the general assembly of Virginia, That section
twenty-nine hundred and fifty-eight of the Code of Virginia, be
amended and re-enacted so as to read as follows:

Section 2958. How case heard and by whom and what order shall
contain.—The court, without a jury, shall be held and presided over
by three judges, as follows: the judge of the circuit court of the
county in which the territory sought to be annexed lies; the judge of
the circuit court of the city to which the territory is to be annexed, if
the territory is to be annexed to a city having a circuit court, and a
judge of some cricuit court in this State remote from the territory to
be annexed, to be designated by the governor, and when the circuit
judge of the city and of the county in which the territory lies is the
same, or when the town or city whether it is within the same judicial
circuit of the circuit judge of the county in which the territory lies or
not, has no separate circuit court, the governor shall designate a third
judge from an adjoining circuit. Such court shall hear the case upon
the evidence introduced in the manner in which evidence is introduced
in common law cases, and shall ascertain and determine the necessity
for and expediency of annexation, and whether the terms and condi-
tions set forth in said ordinance are reasonable and fair, and whether
fair and just provisions are made for the future management and im-
provement of such territory; and if the majority of the court shall be
satisfied of the necessity for and expediency of such annexation, that
such conditions and provisions are reasonable and fair, and that, after
the special election held as provided for in section twenty-nine hun-
dred and fifty-seven, an order shall be entered providing for the an-
nexation of such territory. But if a majority of the court shall be oi
the opinion that no annexation is necessary or expedient, the motion
to annex shall be dismissed. In every case of annexation, such city
or town shall assume and provide for the rermbursement of the county
or counties for such just proportion of any existing debt of such
county or counties or districts therein, and for the then value of such
permanent public improvements as may have been made in the territory
annexed, either by way of macadamizing public roads or streets, or
by way of the construction of concrete roads or streets, or otherwise
perinanently improving roads or streets, or by constructing concrete
sidewalks on public roads or streets, or by constructing or laying water
mains or sewers, garbage disposal system, fire protection facilities,
bridges or any other permanent public improvement, constructed and
maintained by such county or counties at the time of annexation, as
may be determined by the court in the proceeding in the determination
of which value the court shall take into consideration the value ot
such public improvements to the city or town seeking annexation as
well as the county or counties affected thereby; provided, the cost of
such public improvements is not embraced in the proportion of the
debt of such county or counties, or district therein, which is assumed
and provided for by such city or town in said proceeding; and provided,
further, that such city or town shall receive credit, upon a just basis,
to be determined by the court, for such sums, if any, as it may have
contributed to such public improvements; and provided, further, that
the authorities of the county or counties portions of which are pro-
posed to be annexed or the authorities of any town or township in the
territory proposed to be annexed, shall not, between the entry of the
decree of annexation and the date when the same is to become effective,
make or contract to make any permanent public improvements, to be
paid for by the city or town seeking annexation, without the consent
of the corporate authorities of such city or town and the supervision
of the official of such city or town charged with the duty of making
similar public improvements within the city or town. And such city
or town shall also provide for the compensation to such county or
counties for the then value of any schoolhouse or other public building
of such county located within the annexed territory, which shall not
be reserved to the county in the proceeding; and for any injury to the
value or the impairment of the use to the county of any schoolhouse
therein by reason of the annexation made. If, however, the court
shall be of opinion that the annexation of only a part of such territory
is necessary or expedient, or that said ordinance does not contain fair
and reasonable terms, or if it shall be of the opinion that more
territory should be annexed than was described in the metes and
bounds originally set forth, it shall enter a proper order, embodying
what it deems reasonable and fair terms upon which the annexation is
to be had, and how much of said territory shall be annexed, and shall
direct the annexation of such territory in conformity with the terms
and conditions so prescribed. The court shall so draw the lines of
annexation as to have a reasonably compact body of land, and shall
also see that no land shall be taken into said city which is not adapted
to city improvements unless necessarily embraced in said compact body
of land, or which the city shall not need in the reasonably near future
for development. In making its decision as to the character and extent
of annexation the court shall take into consideration as well, not only
the development of the city, but also the loss of revenue to the county.

But the tax rate upon the land annexed shall not be increased for
a period of five years after such annexation, except upon the petition
of a majority of the voters of such territory to the city or town council,
and all revenues derived by such city or town from taxation in said
territory during such period, either on property or from other sources,
including licenses, shall be wholly expended by such city or town upon
street, sewer, light, water, or other public improvement in said terri-
tory; provided, however, that at any time within the said five years
the council of the city or town may by ordinance set apart a sum
wqual to twelve per centum of the assessed value at the time of an-
nexation, of the lands annexed, which sum so set apart shall be wholly
expended in and for the benefit of the annexed territory in public
improvements; and when said sum shall have been so set apart and
said public improvements shall have been substantially completed, the
land annexed shall be subject to the city tax rate, and the proceeds
thereof shall be paid into the city treasury along with all other taxes
and licenses in such territory for general purposes, although said five
years shall not have elapsed. Said sum to be so set apart and expenses
shall be reduced by the sum already expended on said improvements
under any other plan of annexation, and said sum shall also be reduced
by the amount of any debt of any town that may be annexed to a
city or to another town. Out of the proceeds of the sale of the
next issue of bonds by a city or town after any such annexation the
said sum equal to the twelve per centum of the assessed value, at the
time of annexation, of the land annexed, reduced by the sums herein-
before mentioned, shall be set apart and expended in said territory as
hereinbefore directed, unless said sum has been already so expended.
When two or more cities or towns desire the same territory and petitions
of their respective councils are pending at the same time, the said court
shall consolidate said cases and hear them together, and enter such
order as to it shall seem proper, declaring to which city or town said
territory shall be annexed and the terms and conditions of annexa-
tion as in other cases.

2. This act, as amended, shall apply to all existing and pending
cases, but shall not require the redesignation of any judge or judges
in any pending suit or in any way invalidate any proceedings therein
or affect the rights of parties thereto.

3. An emergency existing, this act shall be in force from its passage.