VIRGINIA ACTS OF ASSEMBLY -- CHAPTER
An Act to amend and reenact §15.2-3201 of the Code of
Virginia, relating to annexation.
[S 309]
Approved
Be it enacted by the General Assembly of Virginia:
1. That §15.2-3201 of the Code of Virginia is amended and
reenacted as follows:
§15.2-3201. Temporary restrictions on granting of city
charters, filing annexation notices, institutions of annexation proceedings,
and county immunity proceedings.
Beginning January 1, 1987, and terminating on the first to
occur of (i) July 1, 2018 2024, or (ii) the July 1 next following
the expiration of any biennium, other than the 1998-2000, 2000-2002, 2002-2004,
2006-2008, 2008-2010, 2010-2012, 2012-2014, and 2014-2016, 2016-2018,
2018-2020, 2020-2022, and 2022-2024 bienniums, during which the General
Assembly appropriated for distribution to localities for aid in their
law-enforcement expenditures pursuant to Article 8 (§9.1-165 et seq.) of
Chapter 1 of Title 9.1 an amount that is less than the total amount required to
be appropriated for such purpose pursuant to subsection A of §9.1-169, no city
shall file against any county an annexation notice with the Commission on Local
Government pursuant to §15.2-2907, and no city shall institute an annexation
court action against any county under any provision of this chapter except a
city that filed an annexation notice before the Commission on Local Government
prior to January 1, 1987. During the same period, with the exception of a
charter for a proposed consolidated city, no city charter shall be granted or
come into force and no suit or notice shall be filed to secure a city charter.
However, the foregoing shall not prohibit the institution of nor require the
stay of an annexation proceeding or the filing of an annexation notice for the
purpose of implementing an annexation agreement, the extent, terms and
conditions of which have been agreed upon by a county and city; nor shall the
foregoing prohibit the institution of or require the stay of an annexation
proceeding by a city which, prior to January 1, 1987, commenced a proceeding
before the Commission on Local Government to review a proposed voluntary
settlement pursuant to §15.2-3400; nor shall the foregoing prohibit the
institution of or require the stay of any annexation proceeding commenced
pursuant to §15.2-2907 or 15.2-3203, except that no such proceeding may be
commenced by a city against any county, nor shall any city be a petitioner in
any annexation proceeding instituted pursuant to §15.2-3203.
Beginning January 1, 1988, and terminating on the first to
occur of (i) July 1, 2018 2024, or (ii) the July 1 next following
the expiration of any biennium, other than the 1998-2000, 2000-2002, 2002-2004,
2006-2008, 2008-2010, 2010-2012, 2012-2014, and 2014-2016, 2016-2018,
2018-2020, 2020-2022, and 2022-2024 bienniums, during which the General
Assembly appropriated for distribution to localities for aid in their
law-enforcement expenditures pursuant to Article 8 (§9.1-165 et seq.) of
Chapter 1 of Title 9.1 an amount that is less than the total amount required to
be appropriated for such purpose pursuant to subsection A of §9.1-169, no
county shall file a notice or petition pursuant to the provisions of Chapter 29
(§15.2-2900 et seq.) or Chapter 33 (§15.2-3300 et seq.) requesting total or
partial immunity from city-initiated annexation and from the incorporation of
new cities within its boundaries. However, the foregoing shall not prohibit the
institution of nor require the stay of an immunity proceeding or the filing of
an immunity notice for the purpose of implementing an immunity agreement, the
extent, terms and conditions of which have been agreed upon by a county and
city.
2. That the Commission on Local Government be directed to
evaluate the structure of cities and counties in the Commonwealth and the
impact of annexation upon localities. In doing so, the Commission shall
consider alternatives to the current moratorium on annexation by cities. The
Commission shall issue its findings and recommended policy changes to the
General Assembly no later than December 1, 2018. During its evaluation, the
Commission shall consult with and seek input from the Virginia Municipal
League, the Virginia Association of Counties, and the localities directly
affected by the current annexation moratorium. All agencies of the Commonwealth
shall provide assistance to the Commission for this evaluation upon request.
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