Virginia Law

A. For purposes of this section, as the requirements in this section pertain to § 15.2-2907 E of the Code of Virginia, the following definitions shall apply:

"Initial notice" means the notice sent to the commission by a locality proposing an action pursuant to § 15.2-2907 A of the Code of Virginia.

"Annexation or partial immunity suit" or "suit" means a court proceeding intended to resolve an annexation or partial immunity dispute that is filed after the commission has issued its advisory report pursuant to § 15.2-2907 of the Code of Virginia.

B. When any county, city, or town seeks to negotiate an agreement with one or more localities relative to annexation or partial immunity under the authority granted by § 15.2-2907 E of the Code of Virginia, it shall notify the commission, and copies of the notice shall be served on all adjacent localities. The notice to the commission shall be accompanied by satisfactory evidence that the governing body of the locality giving notice supports the negotiation. Local governments negotiating under § 15.2-2907 E of the Code of Virginia shall keep the commission advised of progress in the negotiations. If, after a hearing, the commission finds that none of the parties is willing to continue to negotiate, or if it finds, based on progress reports and with or without a hearing, that three months have elapsed with no substantial progress, it shall declare the negotiations to be terminated. Unless the parties agree otherwise, negotiations shall in any event terminate 12 months from the date the initial notice was given to the commission. Once the commission has declared negotiations terminated, or 12 months after the commission's receipt of the initial notice, or upon any extension of the 12-month deadline agreed to by both parties, whichever comes first, no new notice to negotiate shall be filed by any party. Upon the request of the local governments negotiating under the authority of § 15.2-2907 E of the Code of Virginia, the commission or its designee may be requested to serve as mediator, and, in addition, the commission's staff and resources shall be available to assist the negotiating local governments. All expenses incurred by the commission and its staff in assisting with negotiations shall be borne by the parties initiating the negotiations unless otherwise agreed.

C. The commission will neither accept a notice filed under the authority granted by § 15.2-2907 E of the Code of Virginia before the initial notice is filed nor accept a notice after 12 months has passed since receipt of the initial notice, unless both parties agree to an extension.