2006 Code of Virginia § 15.2-3243 - Hearing and order upon such petition
15.2-3243. Hearing and order upon such petition.
The special court shall fix a day on which the petition filed pursuant to 15.2-3241 shall be heard and shall direct the clerk of the court to cause tobe summoned the chairman of the board of supervisors of the county and themayor of the town, who without formal pleadings shall make such defenseagainst the prayer of the petition as they may have. One or more residents orlandowners of the territory proposed to be abandoned may appear and set forthreasons why the same should not be done.
If the court is satisfied that it will be in the best interest of a majorityof the people of the territory proposed to be abandoned and that the generalgood of the community will not be materially affected, it shall by an orderentered in its common-law order book, reciting the fact of the duepublication of the petition, that it is in the best interest of a majority ofthe people of that part of the town proposed to be abandoned, and that thegeneral good of the community will not be materially affected by amendment ofthe charter, order that the charter of such town be amended accordingly.Whenever such an order is entered, a copy of the order shall be certified tothe Secretary of the Commonwealth.
The court in its order may make such disposition of the corporate property ofthe town as may seem to it just and equitable and shall also make suchprovision as to the payment of any debts or obligations of the town asbetween the county and the inhabitants of the town as to the court may seemjust and equitable.
At the next session of the General Assembly following the final determinationof such order, the town shall request that the General Assembly amend itscharter in accordance with the court order. The effective date of thetransfer of territory shall be the effective date of the court order and notthe effective date of the Act of Assembly.
(Code 1950, 15-160; 1962, c. 623, 15.1-1066; 1970, c. 751; 1978, c. 642;1997, c. 587.)
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