Virginia Code 15.2-4106: Hearing and decision by court
A. The special court shall enter an order granting town status if, after hearing the evidence, the court finds that:
Terms Used In Virginia Code 15.2-4106
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- County: means any existing county or such unit hereafter created. See Virginia Code 15.2-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Town: means any existing town or an incorporated community within one or more counties which became a town before noon, July one, nineteen hundred seventy-one, as provided by law or which has within defined boundaries a population of 1,000 or more and which has become a town as provided by law. See Virginia Code 15.2-102
1. The city has a current population of less than 50,000 people;
2. The adjoining county or counties have been made party defendants to the proceedings;
3. The proposed change from city to town status will not substantially impair the ability of the adjoining county in which the town will be located to meet the service needs of its population;
4. The proposed change from city to town status will not result in a substantially inequitable sharing of the resources and liabilities of the town and the county;
5. The proposed change from city to town status is, in the balance of equities, in the best interests of the city, the county, the Commonwealth, and the people of the county and the city; and
6. The proposed change from city status to town status is in the best interests of the Commonwealth in promoting strong and viable units of government.
B. The court shall have authority to impose such terms and conditions as it deems appropriate to:
1. Ensure an orderly transition from city status to town status;
2. Adjust financial inequities;
3. Balance the equities between the parties; and
4. Ensure protection of the best interests of the city, the county, the Commonwealth, and the people of the county and the city.
C. The court shall render a written opinion in every case brought under the provisions of this chapter.
D. In the event the court enters an order declaring the city eligible for town status, a copy of the order shall be certified to the Secretary of the Commonwealth.
1988, c. 881, § 15.1-965.16; 1997, c. 587.