15.2-4314 - Withdrawal of land from a district; termination of a district.
§ 15.2-4314. Withdrawal of land from a district; termination of a district.
A. At any time after the creation of a district within any locality, anyowner of land lying in such district may file with the locality a writtenrequest to withdraw all or part of his land from the district for good andreasonable cause. The local governing body shall refer the request to thelocal planning commission and the advisory committee for theirrecommendations and shall hold a public hearing. Land proposed to bewithdrawn may be reevaluated through the Virginia or local Land Evaluationand Site Assessment (LESA) System. The landowner seeking to withdraw landfrom a district, if denied favorable action by the governing body, shall havean immediate right of appeal de novo to the circuit court serving theterritory wherein the district is located. This section shall in no wayaffect the ability of an owner to withdraw an application for a proposeddistrict or withdraw from a district pursuant to clause (v) of subdivision 1of § 15.2-4307 or § 15.2-4311.
B. Upon termination of a district or withdrawal or removal of any land from adistrict created pursuant to this chapter, land that is no longer part of adistrict shall be subject to and liable for roll-back taxes as are providedin § 58.1-3237. Sale or gift of a portion of land in a district to a memberof the immediate family as defined in § 15.2-2244 shall not in and of itselfconstitute a withdrawal or removal of any of the land from a district.
C. Upon termination of a district or upon withdrawal or removal of any landfrom a district, land that is no longer part of a district shall be subjectto those local laws and ordinances prohibited by the provisions of subsectionB of § 15.2-4312.
D. Upon the death of a property owner, any heir at law, devisee, survivingcotenant or personal representative of a sole owner of any fee simpleinterest in land lying within a district shall, as a matter of right, beentitled to withdraw such land from such district upon the inheritance ordescent of such land provided that such heir at law, devisee, survivingcotenant or personal representative files written notice of withdrawal withthe local governing body and the local commissioner of the revenue within twoyears of the date of death of the owner.
E. Upon termination or modification of a district, or upon withdrawal orremoval of any parcel of land from a district, the local governing body shallsubmit a copy of the ordinance or notice of withdrawal to the localcommissioner of revenue, the State Forester and the State Commissioner ofAgriculture and Consumer Services for information purposes. The commissionerof revenue shall delete the identification of such parcel from the land bookand the tax map, and the local governing body shall delete the identificationof such parcel from the zoning map, where applicable.
F. The withdrawal or removal of any parcel of land from a lawfullyconstituted district shall not in itself serve to terminate the existence ofthe district. The district shall continue in effect and be subject to reviewas to whether it should be terminated, modified or continued pursuant to §15.2-4311 of this chapter.
(1977, c. 681, § 15.1-1513; 1979, c. 377; 1985, c. 13; 1987, c. 552; 1997, c.587; 2000, c. 521.)