15.2-3109 - Court-ordered adjustment of boundary lines.
§ 15.2-3109. Court-ordered adjustment of boundary lines.
A. Whenever any two localities have agreed that a change should be made totheir common boundary line so that public services in an area may be providedmore effectively and more efficiently, but are unable to agree as to theproper location for the new boundary line, their governing bodies maypetition jointly either of the circuit courts for their respective localitiesfor an order establishing the new boundary line within the terms of thepetition. The court shall refer the petition to the Commission on LocalGovernment, and shall also certify the filing of the petition to the SupremeCourt with a request that a three-judge court be convened pursuant to §15.2-3000 to decide the matter. The Commission shall conduct a hearing toreceive evidence concerning the location of the new boundary line. Anyinterested persons may present evidence. The Commission shall publish noticeof its hearing at least once a week for two successive weeks in newspapers ofgeneral circulation in each locality. Based upon the evidence and the reportof its staff, the Commission shall determine a new boundary line that bestpromotes the more effective and efficient provision of public services. TheCommission shall transmit its findings to the court in writing, where theyshall be received in evidence. The court shall hear evidence with respect torelocating the boundary line and shall enter an order establishing the newboundary line so as to promote, to the extent possible, the more effectiveand more efficient provision of public services. Such order shall set forththe terms for the transfer of territory and shall be recorded in thecommon-law order book and in the current deed book for both localities'courts and indexed in the name of the localities as the case may be. Acertified copy of the order shall be sent to the Secretary of theCommonwealth by the clerk of the circuit court.
B. Notice of any application as provided in subsection A hereof shall beserved upon the property owners, if any, of the area affected by theagreement, and if such property owners object to the change, they shall bepermitted to intervene in the proceedings and show cause why the boundaryline should not be changed.
(1979, c. 85, § 15.1-1031.4; 1997, c. 587.)