15.2-3232 - Hearing before Commission on Local Government required; notice.

§ 15.2-3232. Hearing before Commission on Local Government required; notice.

A. Once the town and county governing bodies have decided upon the terms ofan agreement pursuant to § 15.2-3231, the proposed agreement shall bepresented to the Commission on Local Government. The Commission shall conducta public hearing at some location in the town or the county and interestedparties may appear and offer evidence or comments. The hearing shall be dulyadvertised in some newspaper having general circulation in the county and thetown once a week for two successive weeks, stating the time and place of thehearing, and summarizing the terms of the proposed agreement. The secondadvertisement shall appear not less than six days nor more than 21 days priorto the hearing. The Commission shall then determine whether the proposedagreement provides for the orderly and regular growth of the town and countytogether, for an equitable sharing of the resources and liabilities of thetown and the county, and whether the agreement is in the best interest of thecommunity at large, and shall so advise the governing bodies in a writtenopinion.

B. In addition to the advertising required in subsection A, written notice ofthe Commission on Local Government's hearing shall be given by the town atleast 10 days before the hearing to the owner, owners, or their agent of eachparcel of land included in the area proposed for annexation under the termsof the agreement. One notice sent by first-class mail to the last knownaddress of such owner, owners, or their agent as shown on the current countyreal estate tax assessment books or current county real estate tax assessmentrecords shall be deemed adequate compliance with this requirement, providedthat the clerk of the town shall make an affidavit that such mailings havebeen made and file such affidavit with the Commission. Nothing in thissubsection shall be construed as to invalidate any subsequently adoptedagreement because of the inadvertent failure by the town to give writtennotice to the owner, owners, their agent or the occupant of any parcel in thearea proposed for annexation.

(1979, c. 85, § 15.1-1058.2; 1997, c. 587; 2003, c. 173.)