CHAPTER 328

An Act to revise the statutes relating to boundary changes of cities and
towns; to this end and to repeal §§ 15-125 to 15-152.1, both inclusive
of the Code of Virginia and all amendments thereof; and to amend
the Code of Virginia by adding, in Article 1 of Chapter 8 of Title 15,
mew sections numbered §§ 15-152.2 to 15-152.28, to provide how
annexation proceedings shall be instituted and conducted, how the
court hearing such proceedings shall be constituted, the powers and
duties of such court, the effect of decisions rendered thereby and how

' the same may be enforced; to provide for appeals in such cases; to
limit certain proceedings hereunder; and to repeal certain acts and
parts of acts.

[S 67]

Approved March 29, 1952

Be it enacted by the General Assembly of Virginia:

1. That §§ 15-125 to 15-152.1, both inclusive, of the Code of Virginia,
and all amendments thereof, be repealed.

2. That the Code of Virginia be amended by adding in Article 1 of
chapter 8 of Title 15 new sections numbered §§ 15-152.2 to 15-152.28, as
ollows:

§ 15-152.2. The boundaries of the cities and towns of this Common-
wealth shall be and remain as now established unless changed as provided
in this Title.

§ 15-152.3. The council of any city or town may by an ordinance
passed by a recorded affirmative vote of a majority of all the members
elected to the council, or to each branch thereof, if there are two, petition
the circuit court of the county in which any territory adjacent to such
city or town lies, for the annexation of such territory. Such ordinance
shall set forth the necessity for or expediency of annexation and shall
contain the following detailed information:

a. Metes and bounds and size of area sought;
b. Information, which may be shown on a map annexed to the ordi-
nance, of the area sought to be annexed: indicating generally subdivisions,
industrial areas, farm areas, vacant areas and others; together with any
other information, deemed relevant as to possible future uses of property
within the area. If a map is not annexed as part of the ordinance, then
such information shall be set forth in the ordinance.

ec. A general statement of the terms and conditions upon which
annexation is sought, and the provisions planned for the future improve-
ment of the annexed territory, including the provision of public utilities
and services therein.

§ 15-152.4. Whenever fifty-one per centum of the qualified voters of
any territory adjacent to any city or town, or the governing body of the
county in which such territory is located, or of the town comprising such
territory shall petition the circuit court of the county, stating that it is
desirable that such territory be annexed to the city or town and setting
forth the metes and bounds thereof, a copy of such petition shall be
served on the city or town council, and published in the manner prescribed
in § 15-152.5, and the case shall, except as otherwise provided in this
chapter, proceed in all respects as though instituted in the manner pre-
scribed in § 15-152.3.

§ 15-125.5. In any annexation proceedings instituted by it, the city
or town shall give notice to the Commonwealth’s Attorney and to each
member of the governing body of the county wherein such territory lies
that it will, on a given day, not less than thirty days thereafter, move the
circuit court of the county wherein such territory lies, or the judges
designated to hear the case, to grant the annexation requested in the ordi-
nance, with which notice shall be served a certified copy of the ordinance.
A copy of the notice and ordinance or an informative summary thereof
shall be published at least once a week for four successive weeks in some
newspaper published in such city or town, and when there is no newspaper
published therein, then in a newspaper having general circulation in the
county whose territory is affected. The notice and ordinance shall be re-
turned after service to the clerk of the circuit court and when the publica-
tion is completed, of which the certificate of the owner, editor or manager
of the newspaper publishing it shall be proof, the case shall be docketed
for hearing.

§ 15-152.6. In any proceedings hereunder any qualified voters or
freeholders in the territory proposed to be annexed or any adjoining city
or town may, by petition, become parties to such proceeding. Any county
whose territory 1s affected by the proceedings, or any city, town or persons
affected thereby, may appear and shall be made parties defendant to the
case, and be represented by counsel.

§ 15-152.7. (a) When proceedings for the annexation of territory to
a city or town are pending and a petition is filed seeking the annexation of
the same territory or a portion thereof to another city or town the case
shall be heard by the court in which the original proceedings are pending.
The court shall consolidate the cases and hear them together, and shall
make such decision as is just taking into consideration the interests of all
parties to each case.

(b) When the territory sought by a city or town lies in two or more
counties, all such counties shall be made parties defendant to the case.
The motion or petition shall be addressed to the circuit court of the county
in which the larger part of the territory is located. The provisions of this
article shall apply, mutatis mutandis, to any such proceedings.

§ 15-152.8. The court, without a jury, shall be held by three judges,
as follows: the judge of the circuit court of the county in which the terri-
tory sought to be annexed lies (hereinafter in this article designated as
“local judge’), and two judges of circuit courts remote from the territory
to be annexed, to be designated by the Chief Justice of the Supreme Court
of Appeals or by any judge, or committee of judges, of the court, desig-
nated by him for such purpose; provided, however, that if the local judge
disqualifies himself, three judges of circuit courts remote from such terri-
tory shall be designated to hold such court.

§ 15-152.9. If a vacancy occurs on such court at any time prior to
the final disposition of the case and the completion of all duties required to
be performed by it, the court shall not be dissolved and the proceeding
shall not fail; but the vacancy shall be filled by designation of another
judge, possessing the qualifications prescribed in the preceding section.
Such substitute judge shall have all the power and authority of his prede-
cessor and the court shall proceed as so constituted to hear and determine
the case and do all things necessary to accomplish its final disposition and
the completion of all the duties of the court, including such matters as the
certification of evidence and exceptions; provided, that no decision shall
be rendered or action taken after such designation with respect to any
question previously submitted to but not decided by the court except after
a full hearing in open court by the court as reconstituted of all the evidence
theretofore introduced before the court and a hearing of all arguments
theretofore made with reference to such question.

§ 15-152.10. The court shall, prior to hearing any case under this
chapter, direct the attorneys for the parties to appear before it, or in its
discretion before the local judge (as defined in § 15-152.8) for a conference
to consider:

(a) The simplification of the issues;

(b) Amendment of pleadings and filing of additional pleadings;

(c) Stipulations as to facts, documents, records, photographs, plans
and like matters, which will dispense with formal proof thereof ; including:

(1) Assessed values and the ratio of assessed values to true values
as determined by the State Department of Taxation in the area sought to
be annexed, city or town and county, including real property, personal
property, machinery and tools, merchants’ capital and public utility assess-
ment for each year of the five years immediately preceding;

(2) Tax rate for the five years next preceding in the area sought, in-
cluding any sanitary district therein, and in the city or town;

(3) The school population and school enrollment in the county, in the
area sought, and in the city or town, as shown, respectively, by the quin-
quennial census of school population and by the records in the office of the
division superintendent of schools; and the cost of education per pupil in
average daily attendance as shown by the last preceding report of the
Superintendent of Public Instruction ;

(4) The estimated population of the county, the area sought and of
the city or town;

(d) Limitation on the number of expert witnesses, as well as requir-
ing each expert witness who will testify to file a statement of his qualifica-
tions;

(e) Such other matters as may aid in the disposition of the case.

The court, or the local judge as the case may be, shall make an
appropriate order which will control the subsequent conduct of the case
unless modified before or at the trial or hearing to prevent manifest
injustice.

§ 15-152.11. (a) The court shall hear the case upon the evidence in-
troduced as evidence is introduced in civil cases.

(b) The court shall determine the necessity for and expediency of
annexation, considering the best interests of the county and the city or
town, the best interests, services to be rendered and needs of the area pro-
posed to be annexed, and the best interests of the remaining portion of
the county.

(c) If a majority of the court is of opinion that annexation is not
necessary or expedient, the petition for annexation shall be dismissed. If
a majority of the court is satisfied of the necessity for and expediency of
annexation, it shall determine the terms and conditions upon which annexa-
tion is to be had, and shall enter an order granting the petition. In all
contested cases, the court shall render a written opinion.

(d) The order granting the petition shall set forth in detail all such
terms and conditions upon which the petition is granted. Every annexa-
tion order shall be effective at midnight on December thirty-one of the
year in which issued; or, in the discretion of the court, at midnight on
December thirty-one of the year following the year in which issued. All
taxes assessed in the territory annexed for the year at the end of which
annexation becomes effective and for all prior years shall be paid to the
county. . |

(e) In any proceedings instituted by a city or town, no annexation
shall be decreed unless the court is satisfied that the city or town has sub-
stantially complied with the conditions of the last preceding annexation
by such city or town, or that compliance therewith was impossible, or that
sufficient time for compliance has not elapsed.

§ 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 ordi-
nance 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 neces-
sarily embraced in such compact body of land;

(b) To require the assumption by the city or town of a just propor-
tion 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
systems, fire protection facilities, bridges, public schools and equip-
ment thereof, 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 pro-
spective 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 con-
dition 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.

§ 15-152.13. (a) In the determination of the value of any public
improvement for the purposes set forth in § 15-152.12 the court shall take
into consideration the original cost thereof less depreciation, reproduction
cost at the time of annexation less depreciation, as well as present value.

(b) The city or town shall receive credit, upon a basis to be deter-
mined by the court, for any sums it may have contributed to such public
improvement and may in the discretion of the court be allowed credit for
any portion of the cost thereof contributed by any Federal, State or other
agency and not borne by the county; provided that when such improve-
ments consist of a school financed in part from county funds and in part
from State grant the city or town shall receive such credit only upon that
portion of the cost paid for by State grant and only then upon the ratio
that children residing in the area annexed and enrolled in such school
therein bears to the total attendance of school children in the county.

(c) The governing body of the county, or any town therein, portions
of which are proposed to be annexed shall not between the entry of the
decree of annexation and the date when the same becomes effective, make
or contract for any permanent public improvements, to be paid for by the
city or town seeking annexation, without the consent of the corporate
authorities of the city or town and the supervision of the official thereof
charged with the making of similar public improvements within the city
or town.

§ 15-152.14. In any annexation proceedings instituted by a city or
town, the council thereof may, subject to the approval of the court, and
prior to the entry of the annexation order, by ordinance duly adopted
decline to accept annexation on the terms and conditions imposed by the
court. In such case the court shall enter an order dismissing the motion
to annex, and shall direct the payment of the entire costs of the proceed-
ings by the city or town, including reimbursement of the county of costs
incurred by it in defending the suit, including such reasonable attorneys’
fees, engineering fees, witness fees and other costs as the court shall
determine and allow.

§ 15-152.15. The costs in annexation proceedings shall be paid by
the city, town or county instituting the proceedings and shall be the same
as in other civil cases; provided that the costs shall include the per diem
and expenses of the court reporter, if any, and, in the discretion of the
court, a reasonable allowance to the court for secretarial services in
connection with the preparation of the written opinion. If the proceedings
be instituted otherwise than by a city, town or county, such costs shall
be paid as the court directs. .

On appeal, the appellate court shall determine by whom the appellate
costs shall be paid.

§ 15-152.16. No proceedings brought under this chapter shall fail
because of a defect, imperfection or omission in the pleadings which does
not affect the substantial rights of the parties or any other technical or
procedural defect, imperfection or error, but the court shall at any time
allow amendment of the pleadings or make any other order necessary to
insure the hearing of the case on its merits.

§ 15-152.17. (a) The court created by § 15-152.8 shall not be dis-
solved after rendering a decision granting any motion or petition for
annexation, but shall remain in existance for a period of five years from
the effective date of any annexation order entered, or from the date of
any decision of the Supreme Court of Appeals affirming such an order.
Vacancies occurring in the court during such five-year period shall be
filled as provided in § 15-152.9.

(b) The court may be reconvened at any time during the five year
period on its own motion, or on motion of the governing body of the
county, or of the city or town, or on petition of not less than fifty free-
holders in the area annexed.

(c) The court shall have power and it shall be its duty, at any time
during such period, to enforce the performance of the terms and condi-
tions under which annexation was granted, and to issue appropriate pro-
cess to compel such performance.

Any such action of the court shall be subject to review by the
Supreme Court of Appeals in the same manner as is provided with respect
to the original decision of the court.

§ 15-152.18. Mandamus and prohibition shall lie from the Supreme
Court of Appeals or any circuit court to compel a city or town to carry
out the provisions of this article or to forbid any violation of the same.

§ 15-152.19. An appeal may be granted by the Supreme Court of
Appeals, or any judge thereof, to any party from the judgment of the
court and the appeal shall be heard and determined without reference
to the principles of demurrer to evidence. The trial court shall certify
the facts in the case to the Supreme Court and the evidence shall be con-
sidered as on appeal in proceedings under Chapter 1 of Title 25 of the
Code of Virginia. In any case, by consent of all parties of record, the
motion to annex may be dismissed at any time before final judgment
on appeal.

§ 15-152.20. If the judgment of the circuit court be reversed on
appeal, or if the judgment be modified, the Supreme Court of Appeals
shall enter such order as the circuit court should have entered and such
order shall be final.

§ 15-152.21. The clerk of the court wherein an order is entered for
the annexation of territory shall make and certify copies of so much of the
order and proceedings as shall show the authorization of the transfer
of territory from the county or town to the city or town, as the case
may be. He shall transmit one copy and along therewith a full description
of the territory so annexed, to the county clerk of the county whose terri-
tory is affected, who shall forthwith record the same in the name of the
city or town to which the territory is annexed, and one copy to the clerk
of the court of such city in which deeds are recorded, who shall likewise
record and index the same. The fees of the clerk for such recordation
shall be the same as for recording a deed and such fees, as well as the
fees of the clerk for making the copies aforesaid, shall be paid by the city
or town.

§ 15-152.22. The clerk of the court of such county in whose office
the land books are filed, shall forthwith make from the land books and
certify to the commissioner of the revenue of the city a list of all real
estate within the annexed territory as it appears on such land books,
embracing every entry thereon in regard thereto, for which service he
shall be paid by such city the fees allowed by law for similar services.

§ 15-152.23. If a county or district officer resides in territory an-
nexed to a city such officer may continue in office until the end of the term
for which he was elected or appointed. Removal of such officer, during his
term of office from any such territory, to another part of the city or town
to which it is annexed shall not vacate his office, but residence in any
part of such city or town shall during his term of office be deemed resi-
dence in the county or district.

§ 15-152.24. Whenever, by extension of its territorial limits as afore-
said, territory is annexed to a city or town, the council thereof shall, if
the city or town is divided into wards, by ordinance immediately organize
the same into a new ward or wards and forthwith select the proper number
of councilmen from the residents and qualified voters of such new ward or
wards to serve until the next general election, or attach the same to an
existing ward or wards, under such regulations as are provided by law.
All electors residing in the annexed territory shall be entitled to transfers
to the proper poll-books in the city or town without again registering
therein. Any person residing in the territory who has not registered shall
be entitled to register in the city or town if he would have been entitled
to register and vote at the next succeeding election in the county. But
the failure of the council to so district the territory shall not invalidate
an election held in the city or town.

§ 15-152.25. No city or town, having instituted proceedings to annex
territory of a county, shall again seek to annex territory of such county
within the five years next succeeding the entry of the final order in any
annexation proceedings under this act or previous acts except by mutual
agreement of the governing bodies affected, in which case the city or town
moving to dismiss the proceedings before a hearing on its merits may file
a new petition five years after the filing of the petition in the prior suit.

In any annexation proceeding pending at the effective date of this
Act, the party seeking annexation may proceed therein, in which event the
proceedings thereafter to be taken shall conform, so far as practicable, to
those herein prescribed, provided, that any such proceeding in which there
shall not have been a hearing on the merits shall, on motion of the city
or town, or the county involved, be dismissed at the cost of the moving
party, including such reasonable attorney fees, engineering fees, witness
fees, and other costs as the court may determine and allow, in which event
the party seeking annexation may, notwithstanding any other provision
of this Act, institute new proceedings hereunder for the annexation of
any territory included in the proceeding so dismissed.

This section shall apply to any city which was a town at the time of
the filing of such petition.

§ 15-152.26. Whenever, as the result of any annexation proceedings
the area remaining in a county would, after annexation of the territory
sought, be reduced below sixty square miles, or shall, otherwise, be in-
sufficient in area, population, or sources of revenue, adequately to support
the county government and schools, the annexation shall not be decreed
unless the whole county be annexed.

§ 15-152.27. The provisions of this article shall apply to the annexa-
tion by a city or town of an adjoining town. No part of a town shall be
annexed unless the whole town is annexed. The annexing city or town
shall assume all the indebtedness of the town annexed, and shall own all
the corporate property, franchises and rights thereof.

§ 15-152.28. The provisions of this chapter shall not apply to the
consolidation of two cities.

3. All acts and parts of acts in conflict herewith are repealed to the
extent of such conflict.