Va. Code Ann. § 21-415 — Virginia Code / Title 21 / Chapter 6 / Section 21-415
How refunding bonds sold
Status: in_force

If to be sold, such refunding bonds may be sold at public or private sale, as in the judgment of the board of viewers may seem best, provided that such refunding bonds may be sold below par only if a like par amount of the bonds to be refunded may be retired at a price correspondingly below par, it being the intent hereof that in no event shall there be issued an amount of refunding bonds larger than the par amount of bonds refunded thereby.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.
Va. Code Ann. § 21-230 — Virginia Code / Title 21 / Chapter 4 / Article 2 / Section 21-230
Contents of petition
Status: in_force

Every such petition shall pray for the creation of the proposed sanitation district, and set forth the name of the proposed sanitation district (which shall include the words "sanitation district"), shall fix the boundaries thereof, shall name the cities and counties and towns which are in whole or in part to be embraced therein and shall contain an allegation (1) that the proposed sanitation district includes within its territorial limits watercourses or streams which are polluted, (2) that no part of the proposed sanitation district is within the territorial limits of an existing sanitation district, (3) that the proposed sanitation district is an integral whole and does not completely surround any territory not included in the proposed or some existing sanitation district, (4) that the creation of the proposed sanitation district in accordance with this chapter will provide a means for abating or preventing the pollution of waters of the proposed sanitation district and will benefit all the property within the proposed sanitation district, (5) that the creation of the proposed sanitation district has been approved by the State Health Commissioner as providing a practical means for abating or preventing the pollution of the waters of the proposed sanitation district, (6) that the petition has been approved and the prayer thereof joined in by each city, county and town which is in whole or in part embraced within the proposed sanitation district, expressed by resolution adopted by the vote of a majority of the governing body thereof.

1946, p. 348; Michie Suppl. 1946, § 1560iii3.
Va. Code Ann. § 21-406 — Virginia Code / Title 21 / Chapter 6 / Section 21-406
Surplus in hands of treasurer
Status: in_force

If the funds in the hands of any county treasurer at any time arising under §§ 21-403 , 21-404 , 21-405 , 21-408 or 21-409 , or in any other manner, shall be greater than is necessary to pay the annual installments of principal and interest, or the annual cost of maintenance of the drainage works, or both, such surplus shall be held by the county treasurer for future disbursements for other purposes as herein provided or subject to the order of the county board of drainage commissioners of the county in which the petition was filed.

Code 1919, § 1776; 1926, p. 625.
Va. Code Ann. § 21-328 — Virginia Code / Title 21 / Chapter 6 / Section 21-328
Bench marks
Status: in_force

Frequent bench marks shall be established along the line, on permanent objects, and their elevation recorded in the field books.

Code 1919, § 1750; 1920, p. 610; 1926, p. 611.
Va. Code Ann. § 21-1 — Virginia Code / Title 21 / Chapter 1 / Section 21-1
Repealed
Status: repealed

Repealed by Acts 1988, c. 891.
Va. Code Ann. § 21-248 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-248
Enumeration of powers of commission
Status: in_force

Every commission shall have the following powers:

1. To adopt and have a common seal and to alter the same at pleasure;

2. To sue and to be sued;

3. In the name of the commission and on its behalf, to acquire, hold and dispose of its fees, rents and charges and other revenues;

4. In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire, hold, and dispose of other personal property for the purposes of the commission;

5. In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire by purchase, gift, condemnation or otherwise, real property or rights or easements therein, necessary or convenient for the purposes of the commission, subject to mortgages, deeds of trust, or other liens or otherwise, and to hold and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the commission; provided that the right of condemnation granted herein shall be subject to the same provisions as are provided in § 25.1-102 concerning the condemnation of any property belonging to a corporation possessing the power of eminent domain by another public service corporation;

6. To borrow money for the purposes of the commission and to issue therefor its bonds, and to provide for and secure the payment of its bonds and the rights of the holders thereof, and to fund or refund its bonds by the issuance of bonds hereunder;

7. To accept gifts or grants or real or personal property, money, material, labor or supplies for the purposes of the commission and to make and perform such agreements and contracts as may be necessary or convenient in connection with the procuring or acceptance of such gifts or grants;

8. To enter on any lands, waters and premises for purpose of making surveys, borings, soundings and examinations for the purposes of the commission;

9. To make and enforce rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of its facilities and properties, and to amend the same;

10. To do and perform any acts and things authorized by this chapter under, through or by means of its own officers, agents and employees, or by contracts with any person; and

11. To execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out the powers expressly given in this chapter.

1946, p. 352; Michie Suppl. 1946, § 1560iii5; 2003, c. 940 .
Va. Code Ann. § 21-315 — Virginia Code / Title 21 / Chapter 6 / Section 21-315
Hearing objections to preliminary report
Status: in_force

At the date appointed for the hearing, or upon any date to which the same may be continued, in its discretion, the court shall hear and determine any objection that may be offered to the report of the board of viewers.

Code 1919, § 1746.
Va. Code Ann. § 21-118.1 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-118.1
Authority to acquire property from United States or any agency thereof
Status: in_force

Notwithstanding the provisions of any other law, the governing body of any sanitary district may, by ordinance or resolution, authorize the acquisition and purchase from the United States, or any agency thereof, whether now existing or hereafter created, of any equipment, supplies, materials, or other property, real or personal, in such manner as such governing body may determine.

It is the purpose of this section to enable sanitary districts to secure from time to time promptly the benefits of acquisitions and purchases as authorized by this section, to aid them in securing advantageous purchases, to prevent unemployment and thereby to assist in promotion of public welfare and to these ends such districts shall have power to do all things necessary or convenient to carry out such purpose, in addition to the expressed power conferred by this section. This section is remedial in nature and the powers hereby granted shall be liberally construed.

1945, p. 35; Michie Suppl. 1946, § 2734e.
Va. Code Ann. § 21-337 — Virginia Code / Title 21 / Chapter 6 / Section 21-337
Final report; notice of hearing
Status: in_force

When the final report is completed and filed a date shall be fixed for the final hearing upon the report, and notice thereof shall be given in accordance with § 21-314 .

Code 1919, § 1755; 1926, p. 613; 1954, c. 642.
Va. Code Ann. § 21-209 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-209
No election on issuance of bonds within six months
Status: in_force

No election upon the question of the issuance of bonds of the commission shall be held within the first six months after the creation of the district. In the event no notice of intention to consider withdrawing from the district, in accordance with the foregoing provisions of §§ 21-203 to 21-208 , is filed with the commission within six months after the creation of the district, then no county or city therein may thereafter avail itself of the provisions of such sections to withdraw from such district.

1940, p. 621; 1942, p. 603; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-191 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-191
Other matters determined by resolution
Status: in_force

All other matters relating to the issuing of such bonds, and all matters relating to the contracting of debt, borrowing of money and issuing of other bonds and obligations shall be determined by resolution of the commission.

1938, p. 519; 1942, p. 604; Michie Code 1942, § 1560oo.
Va. Code Ann. § 21-181 — Virginia Code / Title 21 / Chapter 3 / Article 4 / Section 21-181
Uniformity and basis
Status: in_force

Such fees, rents and charges being in the nature of use or service charges, shall as nearly as the commission shall deem practicable and equitable, be uniform throughout the district for the same type, class and amount of use or service of the sewage disposal system, and may be based or computed either on the consumption of water on or in connection with the real estate, making due allowance for commercial use of water, or on the number and kind of water outlets on or in connection with the real estate or on the number and kind of plumbing or sewage fixtures or facilities on or in connection with the real estate, or on the number or average number of persons residing or working on or otherwise connected or identified with the real estate or on any other factors determining the type, class and amount of use or service of the sewage disposal system, or on any combination of such factors.

1938, p. 517; 1940, p. 622; Michie Code 1942, § 1560nn.
Va. Code Ann. § 21-177 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-177
Agents and employees of commission
Status: in_force

The commission is authorized, except as otherwise provided in § 21-158 , to appoint all agents and employees of the commission, dismiss them, fix their salaries or remuneration, assign their positions and titles, define their respective powers and duties, and require them or any of them to give bond payable to the Commonwealth in such penalty as shall be fixed by the commission conditioned upon the faithful discharge of their duties. Any salary or remuneration payable to any agent or employee in excess of $1,200 per annum shall first be approved by the Governor.

1938, p. 523; Michie Code 1942, § 1560rr; 1946, p. 530.
Va. Code Ann. § 21-134 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-134
Deposit of proceeds
Status: in_force

The governing body may direct the treasurer to deposit the proceeds of the bond issue in such bank or banks as it may approve, to the credit of such treasurer, to be paid out on his checks therefor, and at the rate of interest to be specified, and all interest accrued therefrom shall be accounted for by the treasurer, and shall be expended for the purposes for which the bonds were issued, and insofar as not necessary therefor, shall be paid into the sinking fund to redeem the principal thereof at maturity.

1946, p. 182; Michie Suppl. 1946, § 1560z6.
Va. Code Ann. § 21-396 — Virginia Code / Title 21 / Chapter 6 / Section 21-396
Issuing bonds; amount
Status: in_force

At the expiration of fifteen days after publication of notice of bond issue, the board of viewers of the county in which the petition was filed may issue bonds of the drainage project for an amount equal to the total cost of the improvement, including all costs as allowed under the terms of this chapter, less such amounts as shall have been paid in cash to the county treasurer, or treasurers, plus an amount sufficient to pay interest on the bond issue for the three years next following the date of issue.

Code 1919, § 1774; 1920, p. 612; 1926, p. 623; 1954, c. 642.
Va. Code Ann. § 21-221 — Virginia Code / Title 21 / Chapter 3 / Article 8 / Section 21-221
Jurisdiction
Status: in_force

Jurisdiction to enforce the provisions of this article and to grant any remedy or relief authorized by § 21-220 shall be in the circuit court of any county and in the corporation court of any city in whole or in part embraced within the district, or within which are located any tidal waters of the district. The remedies, relief and jurisdiction authorized by this section and § 21-220 shall be concurrent and cumulative.

1938, p. 528; Michie Code 1942, § 1560ccc.
Va. Code Ann. § 21-211 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-211
City withdrawing to provide for disposal of sewage of county or town
Status: in_force

If any city shall withdraw from the district pursuant to the foregoing provisions of this article, such city, if requested by the commission or the governing body of any county or town adjacent to such city, shall provide by its sewage disposal system for the treatment and disposal of sewage and industrial wastes arising in or discharged from such county or town upon such sewage and industrial wastes being delivered to such city, and shall agree with the commission or such county or town to treat and dispose of such sewage and wastes so delivered at the cost of such treatment and disposal, provided the commission or the county or town affected shall pay to the city the cost of installing any additional sewer main or mains necessitated thereby within such city. If the parties do not agree upon such costs, such costs shall be determined upon petition to the State Corporation Commission which is hereby authorized and directed to make such determination.

1940, p. 621; 1942, p. 603; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-306 — Virginia Code / Title 21 / Chapter 6 / Section 21-306
Compensation of engineer, assistants and viewers
Status: in_force

The board of viewers of the project involved shall at the first meeting after the selection of a drainage engineer make provision for the compensation to be paid him, if any, and his necessary assistants and the members of the board of viewers together with their incidental expenses. The rate of pay to each member of the board of viewers shall not exceed five dollars per day.

When the lands proposed to be drained and created into a drainage district are located in two or more counties, the clerk of the circuit court of either county shall have and exercise the jurisdiction herein conferred, and the venue shall be in that county in which the petition is first filed.

Code 1919, § 1739; 1924, p. 707; 1926, p. 608; 1954, c. 642.
Va. Code Ann. § 21-170 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-170
Acquisition and use of pipes, sewers, plants, stations, etc
Status: in_force

Every commission is authorized and directed to acquire, in the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, by purchase, gift, condemnation or otherwise, and, notwithstanding the provisions of any charter, or ordinance or resolution of any county, city or town to the contrary, to construct, maintain, operate and use such trunk, intercepting and outlet sewers, conduits, pipelines, pumping and ventilating stations, treatment plants or works at such places, and such other plants, structures, boats and conveyances, as in the judgment of the commission will provide an effective and satisfactory method for promoting the purposes of the commission.

1938, p. 516; Michie Code 1942, § 1560mm.
Va. Code Ann. § 21-118.7 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-118.7
Same; payment to county of revenues held by district
Status: in_force

Any agreement for the creation of a unified system may provide for the payment over to the county of net revenues held by the district or districts theretofore derived from the water supply or sewerage systems, or both, of the district or districts that are to become part of such unified system.

1972, c. 221.
Va. Code Ann. § 21-212 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-212
Effect of nonappointment of members of commission on withdrawal
Status: in_force

In the event that the members of the commission shall not be appointed within two months after the creation of the district then the date of the first appointment of such members shall be deemed to be the date of the creation of such district for all the purposes of withdrawal provided by this article.

1940, p. 621; 1942, p. 604; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-140 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-140
Validation of proceedings
Status: in_force

All proceedings had and all elections held in any sanitary district of the Commonwealth prior to January 1, 1946, to provide for and with respect to the contracting of bonded indebtedness and the authorization, issuance, sale, execution and delivery of bonds by or on behalf of such district are validated and confirmed, notwithstanding any lack of power of the governing body of the county in which such district is located to authorize and issue such bonds, or to execute, sell or deliver the same, and notwithstanding any defects or irregularities in such proceedings or elections, or in such execution, sale or delivery; and such bonds so issued or to be issued are and shall be valid and enforceable obligations of such sanitary district.

1946, p. 64.
Va. Code Ann. § 21-288 — Virginia Code / Title 21 / Chapter 4 / Article 7 / Section 21-288
Discharge of matter injurious to system
Status: in_force

No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly, into the sewage disposal system or any other facilities of or provided by a commission, any matter or thing which is or may be injurious or deleterious to such sewage disposal system or other facilities.

1946, p. 363; Michie Suppl. 1946, § 1560iii22.
Va. Code Ann. § 21-335 — Virginia Code / Title 21 / Chapter 6 / Section 21-335
Cost of survey
Status: in_force

The board of viewers or the drainage engineer shall keep an accurate account and report to the court or the judge thereof in vacation the name and number of days each person was employed on the survey, the kind of work he was doing and the rate of pay of each, and all other incidental expenses whatsoever, supported by vouchers, that have been incurred in the execution of the survey, including cost of maintenance, transportation, supplies and materials, which when paid by one of the members of the board shall be allowed by the court or the judge thereof and for which he shall be reimbursed in addition to his compensation.

When a separate account of a member of the board of viewers, approved by the engineer, if other than his own, has been rendered for his personal services performed under decree of the circuit court and incidental expenses in connection with the survey, the court or the judge thereof in vacation, shall examine the same and when found correct, in proper form and according to law, the judge shall thereupon, without further delay, approve and certify to the account, and shall enter an order that the same shall be paid, as provided for in § 21-306 .

Code 1919, § 1753; 1924, p. 707; 1926, p. 612.
Va. Code Ann. § 21-134.2 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-134.2
Validation of advances to sanitary district
Status: in_force

The advancement of any funds heretofore advanced from the general fund by the board of supervisors of any county in this Commonwealth for the benefit of a sanitary district in effectuating a project lawful for such sanitary district is hereby validated and confirmed.

1954, c. 321.
Va. Code Ann. § 21-343 — Virginia Code / Title 21 / Chapter 6 / Section 21-343
Payments into court
Status: in_force

The court may, from time to time, order the petitioners to pay into court, or as the court may direct, such amounts at a flat rate per acre according to the area owned by each within the bounds of the district as may be necessary to pay costs and expenses theretofore accrued, such amount to be repaid from the drainage fund to the petitioners in equal sums as were received together with interest thereon at the rate of six per centum per annum by order of the court when, and if the bonds of the district are sold, or the drainage fund otherwise provided and such order to pay into court when entered, shall have the force and effect of a judgment, and it shall be docketed in the judgment docket of the court of the county in which the petition was filed by the clerk thereof, if not paid within thirty days from the entry of the order. Ten days' notice, however, shall be given by the clerk to each person affected thereby, of such order of the court.

Code 1919, § 1756; 1926, p. 614.
Va. Code Ann. § 21-117.1 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-117.1
Abolishing sanitary districts
Status: in_force

Any sanitary district heretofore or hereafter created in any county under the provisions of the preceding sections of this article may be abolished by ordinance adopted by the governing body of such county, upon the petition of no less than 50 qualified voters residing within the boundaries of the district desired to be abolished or, if the district contains less than 100 qualified voters, upon petition of 50 percent of the qualified voters residing within the boundaries of such district.

Upon filing of the petition, the governing body of the county shall fix a day for a hearing on the question of abolishing the sanitary district, which hearing shall embrace a consideration of whether the property in the sanitary district will or will not be benefited by the abolition thereof, and the governing body of the county shall be fully informed as to the obligations and functions of the sanitary district. Notice of such hearing shall be given by publication three times in some newspaper of general circulation within the county to be designated by the governing body of the county, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing. No such district shall be abolished until the notice has been given and the hearing had.

Any interested parties may appear and be heard on any matters pertaining to the subject of the hearing.

Upon the hearing, such ordinance shall be adopted as to the governing body of the county may seem equitable and proper, concerning the abolition of the district and as to the funds on hand to the credit of the district, provided, however, that no such ordinance shall be adopted abolishing the sanitary district unless any bonds of the sanitary district that have theretofore been issued have been redeemed and the purposes for which the sanitary district was created have been completed, or unless all obligations and functions of the sanitary district have been taken over by the county as a whole, or unless the purposes for which the sanitary district was created are impractical or impossible of accomplishment and no obligations have been incurred by said sanitary district.

1954, c. 135; 2017, c. 14 ; 2023, cc. 506 , 507 ; 2024, cc. 225 , 242 .
Va. Code Ann. § 21-395 — Virginia Code / Title 21 / Chapter 6 / Section 21-395
Defense; waiver
Status: in_force

Every person owning land in the district who shall neglect or fail to pay to the treasurer of the county in which his land is located the full amount for which his land is liable, within the time above specified, shall be deemed as consenting to the issuance of the drainage bonds, and in consideration of the right to pay his proportion in installments he thereby waives his right of defense to the payment of any assessments which may be levied for the payment of the bonds, because of any irregularity, illegality, or defect in the proceedings prior to such time, except in case of an appeal, as hereinbefore provided, which is not affected by this waiver.

Code 1919, § 1773.
Va. Code Ann. § 21-299 — Virginia Code / Title 21 / Chapter 6 / Section 21-299
Notice to viewers of appointment
Status: in_force

The clerk of the court thereupon shall mail a written notice to each member of the board of viewers so appointed, notifying him of his appointment, and requesting that the board proceed without delay to discharge its duties as such according to law.

Code 1919, § 1738; 1924, p. 708; 1926, p. 606.
Va. Code Ann. § 21-418 — Virginia Code / Title 21 / Chapter 6 / Section 21-418
Cancellation of assessments for retired bonds
Status: in_force

If the board of viewers deems it advisable it may, prior to the issuance of refunding bonds, order the cancellation of the assessments levied for the payment of the bonds refunded, except in so far as such assessments were levied for the payment of bonds not actually retired by the issuance of refunding bonds, and may direct the preparation of new assessment rolls and the levy and collection of new assessments sufficient for the payment of principal of and interest on such refunding bonds.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.
Va. Code Ann. § 21-203 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-203
Notice of intention to withdraw
Status: in_force

Any county or city in whole or in part embraced within a district either heretofore or hereafter created by or pursuant to any special act of the General Assembly may, by resolution adopted by its governing body and filed with the commission within six months after the creation of the district, give notice of its intention to consider withdrawing from the district. If such notice be given in the manner aforesaid then no election on the question of the issuance of bonds of the commission shall be held until at least one year after the creation of the district.

1940, p. 620; 1942, p. 602; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-121.2 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-121.2
Additional validation of proceedings
Status: in_force

All proceedings heretofore taken in the creation of sanitary districts of whatsoever kind in the Commonwealth of Virginia, whether under general law or special act, are hereby validated, ratified, approved and confirmed, and all such districts so created or attempted to be created thereunder are hereby declared to have been validly created and established, notwithstanding any defects or irregularities in the creation thereof.

1960, c. 562; 1962, c. 26; 1964, c. 243.
Va. Code Ann. § 21-119 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-119
Sanitary districts are special taxing districts; nature of improvements; jurisdiction of governing bodies, etc., not affected
Status: in_force

A. Each sanitary district created or purported to be created by the governing body of a county, heretofore or hereafter made and adopted pursuant to any general law of the Commonwealth, is hereby determined to be and is hereby made, from and after the date of such creation or purported creation, a special taxing district for the purposes for which created; and any improvements heretofore or hereafter made by or for any such district are hereby determined to be general tax improvements and of general benefit to all of the property within the sanitary district, as distinct from peculiar or special benefits to some or all of the property within the sanitary district.

B. Neither the creation of the sanitary districts as special taxing districts nor any other provision in this chapter shall in any wise affect the authority, power and jurisdiction of the respective county governing bodies, sheriffs, treasurers, commissioners of the revenue, circuit courts, clerks, judges, magistrates or any other county, district or state officer over the area embraced in any such district, nor shall the same restrict or affect in any way any county, or the governing body of any county, from imposing on and collecting from abutting landowners, or other landowners receiving special or peculiar benefits, in any such district, taxes or assessments for local public improvements as permitted by the Constitution and by other statutes of the Commonwealth.

C. Notwithstanding subsections A and B, the board of supervisors of Buckingham County, Nottoway County, or Westmoreland County may impose on, and collect from, landowners abutting a street being improved by the sanitary district a user fee for such service. Such fee may be enforced as provided in § 21-118.4 .

1936, p. 497; Michie Suppl. 1946, § 1560s3; 1997, c. 261 ; 2005, c. 839 ; 2007, c. 813 ; 2017, c. 14 .
Va. Code Ann. § 21-130.1 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-130.1
Bonds mutilated, lost or destroyed
Status: in_force

Should any bond issued under this chapter become mutilated or be lost or destroyed, the governing body of the county may cause a new bond of like date, number and tenor to be executed and delivered in exchange and substitution for, and upon cancellation of, such mutilated bond and its interest coupons, or in lieu of and in substitution for such lost or destroyed bond and its unmatured interest coupons. Such new bond shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond (1) has paid the reasonable expense and charges in connection therewith and (2) in the case of a lost or destroyed bond has filed with the governing body and the county treasurer evidence satisfactory to such governing body and treasurer that such bond was lost or destroyed and that the holder was the owner thereof and (3) has furnished indemnity satisfactory to the county treasurer.

1962, c. 208.
Va. Code Ann. § 21-231 — Virginia Code / Title 21 / Chapter 4 / Article 2 / Section 21-231
Signatures on petition
Status: in_force

Every such petition shall be signed by not less than 100 qualified voters of the proposed sanitation district, including not less than 25 qualified voters of each city and county and town in whole or in part embraced within the proposed sanitation district.

1946, p. 349; Michie Suppl. 1946, § 1560iii3.
Va. Code Ann. § 21-148 — Virginia Code / Title 21 / Chapter 3 / Article 2 / Section 21-148
Signatures on petition
Status: in_force

Every such petition shall be signed by not less than 200 qualified voters of the proposed sanitation district, including not less than 50 qualified voters of each city and county and town in whole or in part embraced within the proposed sanitation district.

1938, p. 512; Michie Code 1942, § 1560jj.
Va. Code Ann. § 21-293 — Virginia Code / Title 21 / Chapter 6 / Section 21-293
Drainage considered essential
Status: in_force

It is hereby declared that the drainage of the surface water from wet agricultural lands is essential for the successful cultivation of such lands and the prosperity of the community, and the reclamation of overflowed swamps and tidal marshes shall be considered a public benefit and conducive to the public health, convenience, utility and welfare.

Code 1919, § 1737; 1926, p. 604.
Va. Code Ann. § 21-123 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-123
Order requiring election
Status: in_force

The circuit court of such county, upon the petition of a majority of the members of the governing body of the county, or upon the petition of fifty qualified voters residing in such sanitary district, shall make an order in accordance with § 24.2-684 requiring the officers of election to open a poll and take the sense of the qualified voters of the district on the question whether the governing body shall issue bonds for one or more of the purposes for which the sanitary district was created.

1946, p. 181; Michie Suppl. 1946, § 1560z2; 1976, c. 11.
Va. Code Ann. § 21-400 — Virginia Code / Title 21 / Chapter 6 / Section 21-400
Right of holders on default
Status: in_force

If any installment of principal or interest represented by the bonds shall not be paid at the time and in the manner when the same shall become due and payable, and such default shall continue for a period of six months, the holder or holders of such bond or bonds upon which default has been made shall have a right of action against the board of viewers wherein the circuit court may issue a writ of mandamus against the drainage project, its officers, including the county treasurer, or treasurers, directing the levying of a tax or special assessment as herein provided, and the collection of the same, in such sum as may be necessary to meet any unpaid installment of principal and interest and costs of action, and such other remedies are hereby vested in the holder or holders of such bond or bonds in default as may be authorized by law. The right of action is vested in the holder or holders of such bond or bonds upon which default has been made, authorizing them to institute suit against any officer on his official bond for failure to perform any duty imposed by the provisions of this chapter. The official bond of any county treasurer shall be liable for the faithful performance of the duties herein assigned him. Such official bonds may be increased by the governing body of any county or the board or party having such authority.

Code 1919, § 1774; 1920, p. 613; 1926, p. 624; 1954, c. 642.
Va. Code Ann. § 21-146 — Virginia Code / Title 21 / Chapter 3 / Article 2 / Section 21-146
Notice of hearing on petition for creation
Status: in_force

Upon the presentation of a petition complying with the requirements of this article, praying for the creation of a sanitation district, fixing the boundaries thereof and naming the counties, cities and towns which in whole or in part are to be embraced therein, the circuit court of any such county, or of any county in which any such town is situated, or the corporation court of any such city shall make an order filing such petition and fixing a day for a hearing by such court on such petition and the question of the creation of the proposed sanitation district. Such order shall direct notice of such hearing to be given by publication three times in some newspaper or newspapers having general circulation in the proposed sanitation district, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing. Such notice shall set forth the petition as filed, but need not set forth the signatures or exhibits thereto, and shall state the time and place of hearing and that at such hearing all persons desiring to controvert the allegations of such petition or question the conformity thereof to this article will be heard and all objections to the creation of the proposed sanitation district considered.

1938, p. 511; Michie Code 1942, § 1560jj; 2023, cc. 506 , 507 ; 2024, cc. 225 , 242 .
Va. Code Ann. § 21-404 — Virginia Code / Title 21 / Chapter 6 / Section 21-404
Payment of assessments from proceeds of sale of land
Status: in_force

If any person, or any number of persons, claiming to have a title to any tract or tracts of land subject to assessment or drainage tax, shall fail to pay an annual assessment levied against such lands, and a county treasurer shall be compelled to sell such lands under the law for the purpose of making such collection, the net proceeds of such sale shall be held by him and disbursed for the purpose of paying the current assessment and future annual assessments so far as the proceeds may be sufficient.

Code 1919, § 1776; 1926, p. 624.
Va. Code Ann. § 21-389 — Virginia Code / Title 21 / Chapter 6 / Section 21-389
Change of assessment rolls on change of ownership of lands
Status: in_force

If at any time before or after the preparation of the assessment rolls or drainage tax lists the owners of any lands within the boundary of the drainage project, which are liable for assessments or are assessed, should sell the whole or part of the lands, the board of viewers together with the assistance of the drainage engineer of the project, or any other competent drainage engineer, shall so prepare or change the assessment rolls to provide for the change in liability due to the change of ownership of the lands or part thereof. The new owner's name shall be added to the assessment roll and shall thereafter be liable for the drainage assessment upon that portion of the land purchased.

Code 1919, § 1771; 1924, p. 713; 1926, p. 622; 1936, p. 1037; 1954, c. 642.
Va. Code Ann. § 21-249 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-249
Relief from pollution to be purpose of commission
Status: in_force

The purposes of every commission shall be the relief of the waters of the district from pollution and the consequent improvement of conditions affecting the public health.

1946, p. 353; Michie Suppl. 1946, § 1560iii6.
Va. Code Ann. § 21-168 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-168
Enumeration of powers of commission
Status: in_force

Every commission shall have the following powers:

(1) To adopt and have a common seal and to alter the same at pleasure;

(2) To sue and be sued;

(3) In the name of the commission and on its behalf, to acquire, hold and dispose of its fees, rents and charges and other revenues;

(4) In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire, hold, and dispose of other personal property for the purposes of the commission;

(5) In the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, to acquire by purchase, gift, condemnation or otherwise, real property or rights or easements therein, necessary or convenient for the purposes of the commission, subject to mortgages, deeds of trust, or other liens or otherwise, and to hold and to use the same, and to dispose of property so acquired no longer necessary for the purposes of the commission;

(6) To borrow money for the purposes of the commission and to issue therefor its bonds, and to provide for and secure the payment of its bonds and the rights of the holders thereof, and to fund or refund its bonds by the issuance of bonds hereunder;

(7) To accept gifts or grants or real or personal property, money, material, labor or supplies for the purposes of the commission and to make and perform such agreements and contracts as may be necessary or convenient in connection with the procuring or acceptance of such gifts or grants;

(8) To enter on any lands, waters and premises for the purpose of making surveys, borings, soundings and examinations for the purposes of the commission;

(9) To make and enforce rules and regulations for the management and regulation of its business and affairs and for the use, maintenance and operation of its facilities and properties, and to amend the same;

(10) To do and perform any acts and things authorized by this chapter under, through or by means of its own officers, agents and employees, or by contracts with any persons;

(11) To execute any and all instruments and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the commission or to carry out the powers expressly given in this chapter; and

(12) To sell, lease as lessor, transfer, or dispose of all or any part of its property and facilities in such a manner and upon such terms as the commission may determine to be in the best interest of the district.

1938, p. 515; Michie Code 1942, § 1560ll; 1991, c. 549.
Va. Code Ann. § 21-118.4 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-118.4
Certain additional powers of governing body
Status: in_force

Notwithstanding any other provisions of law, when an ordinance has been adopted creating a sanitary district in such county, the board of supervisors or other governing body hereinafter referred to as "board of supervisors" shall have the following powers and duties, in addition to such powers and duties created by any law, subject to the conditions and limitations hereinafter prescribed:

(a) To construct, reconstruct, maintain, alter, improve, add to, and operate dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems, for the use and benefit of the public in such sanitary district and as to such motor vehicle parking lots systems to make such charges for the use of such facilities as may be prescribed by said board or body;

(a1) To acquire, construct, maintain, and operate, or to contract for such acquisition, construction, maintenance, and operation, within such sanitary district, such community buildings, community centers, other recreational facilities, and advisory community planning councils as the board may deem expedient or advisable, and to make such charges for the use of such facilities as may be prescribed by the board;

(b) To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district;

(c) To contract with any person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof to acquire, construct, reconstruct, maintain, alter, improve, add to, and operate any such dams, motor vehicle parking lots, water supply, drainage, sewerage, garbage removal and disposal, heat, light, power, gas, sidewalks, curbs, gutters, streets and street name signs, and fire-fighting systems in such district, and to accept the funds of, or to reimburse from any available source, such person, firm, corporation, municipality, county, authority, or the federal government or any agency thereof for either the whole or any part of the costs, expenses, and charges incident to the acquisition, construction, reconstruction, maintenance, alteration, improvement, addition to, and operation of any such system or systems;

(d) To require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. In order to require owners or tenants of any property in the district to connect with any such system or systems, the board of supervisors shall have power and authority to adopt ordinances so requiring owners or tenants to connect with such systems, and to use the same, and the board of supervisors shall have power to provide for a punishment in the ordinance of not exceeding a $50 fine for each failure and refusal to so connect with such systems, or to use the same. Before adopting any such ordinance the board of supervisors shall give public notice of the intention to propose the same for passage by posting handbill notices of such proposal in three or more public places in the sanitary district at least 10 days prior to the time the ordinance shall be proposed for passage. The ordinance shall not become effective after its passage until 10 days' like notice has been given by posting copies of such ordinance in three or more public places in the district. The board of supervisors, in lieu of giving notice in such manner, may cause notice to be published in the manner provided in § 15.2-1427 for imposing or increasing any tax or levy. Violations of such ordinances shall be tried before the county court of the county as is provided for trial of misdemeanors, and with like right of appeal;

(e) To fix and prescribe or change the rates of charge for the use of any such system or systems, the rate of charge for connection to any such system or systems, a late charge not to exceed 10 percent of the amount due or $10, whichever is the greater, and interest on outstanding bills at the rate provided for in § 58.1-3918 , after a public hearing upon notice as provided in subdivision (d) and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission. The Commission may charge the district a reasonable fee for any advice given pursuant to this section. The board of supervisors may provide for the exemption from, deferral of or reduction of the rates of charge for the use of any garbage disposal system or systems by persons at least 65 years of age or persons permanently and totally disabled as defined in § 58.1-3217 . Any such exemptions, deferrals or reductions may be conditioned upon only the income criteria as provided by § 58.1-3211 as in effect on December 31, 2010. And to enable the board to enforce the collection of charges for the use of any such system against the person or persons, firm or corporation using the same, the charges when made for the use of any such system shall be collectible by distress, levy, garnishment, attachment or otherwise without recourse to court procedure, except so far as the selected procedure may require the same. And the board shall have power to designate as its agent for the purpose of collection such officer or officers or person or persons as it may determine, and the officer or officers or person or persons shall be vested with the same power and authority as a sheriff or constable may have in like procedure.

Water and sewer connection fees established by any county, city, town, or sanitary district shall be fair and reasonable. Such fees shall be reviewed by the county, city, town or sanitary district periodically and shall be adjusted, if necessary, to assure that they continue to be fair and reasonable. Nothing herein shall affect existing contracts with bondholders which are in conflict with any of the foregoing provisions.

If any rates, fees or charges for the use of and for the services furnished by any system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same shall become due and payable, and the person who incurred the debt is the occupant of such premises, the board may at the expiration of such 30-day period disconnect the premises from the water and/or sewer system, or otherwise suspend services, and the board may proceed to recover the amount of any such delinquent rates, fees or charges, with interest, in a civil action.

If any rates, fees, or charges for the use and services of any water or sewer system acquired or constructed by the sanitary district under the provisions of this chapter shall not be paid within 30 days after the same becomes due and payable, the occupant-debtor of such premises shall cease to dispose of sewage or industrial wastes originating from or on such premises by discharge thereof directly or indirectly into the sewer system until such rates, fees, or charges with interest shall be paid. If such occupant-debtor does not cease such disposal at the expiration of such 30-day period, the political subdivision or district or other public corporation, board, or body supplying water to or selling water for use on such premises may, within five days after the receipt of notice of such delinquency, cease to supply water to or to sell water to such occupant-debtor. If such political subdivision or district or public corporation, board, or body shall not, at the expiration of such five-day period, cease supplying water to or selling water for use by such occupant-debtor, then the governing body within whose geographical boundaries such sanitary district lies may shut off the supply of water to such person.

The water supply to or for any occupant-debtor shall not be shut off or stopped under the provisions of this section, if the State Health Commissioner, upon application of the local board of health or health officer of the county, city or town wherein such water is supplied or such real estate is located, shall have found and shall certify to the authorities charged with the responsibility of ceasing to supply or sell such water, or to shut off the supply of such water, that ceasing to supply or shutting off such water supply will endanger the health of such person or the health of others in such county, city or town.

Any unpaid charge shall become a lien superior to the interest of any owner, lessee or tenant, and next in succession to county taxes, on the real property on which the use of any such system was made and for which the charge was imposed. However, such lien shall not bind or affect a subsequent bona fide purchaser of such real estate for valuable consideration without actual notice of such lien, except and until from the time that the amount of such charge is entered in the Judgment Lien Docket kept in the office where deeds may be recorded in the political subdivision wherein the real estate or a part thereof is located. It shall be the duty of the clerk in whose office deeds may be recorded to keep and preserve and hold available for public inspection such Judgment Lien Docket and to cause entries to be made and indexed therein from time to time upon certification by the board for which he shall be entitled to a fee of five dollars per entry to be paid by the board and added to the amount of the lien.

No such lien shall be placed by the board unless the board or its billing and collection agent (i) shall have advised the owner of such real estate at the time of initiating service to a lessee or tenant of such real estate that a lien will be placed on such real estate if the lessee or tenant fails to pay any fees, rents or other charges when due for services rendered to such lessee or tenant; (ii) shall have mailed to the owner of such real estate a duplicate copy of the final bill rendered to such lessee or tenant at the time of rendering the final bill to such lessee or tenant; and (iii) shall employ the same collection efforts and practices to collect amounts due the board from a lessee or a tenant as are employed with respect to collection of such amounts due from customers who are owners of the real estate for which service is provided.

Such lien on any real estate may be discharged by the payment to the board of the total amount of such lien, and interest accrued thereon to the date of such payment, and the entry fee of two dollars, and it shall be the duty of the board to deliver a certificate thereof to the person paying the same, and upon presentation thereof and the payment of the further fee of one dollar by such person, the clerk having the record of such lien shall mark the entry of such lien satisfied.

Jurisdiction to enforce any such lien shall be in equity and the court may decree the real estate subject to the lien, or any part thereof, to be sold and the proceeds applied to the payment of such lien and the interest which may accrue to the date of such payment.

Nothing contained herein shall be construed to prejudice the right of the board to recover the amount of such lien, or of the charge, and the interest which may accrue, by action at law or otherwise, which relief shall be cumulative and not alternative;

(f) To employ and fix the compensation of any technical, clerical, or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation, or maintenance of any such system or systems;

(g) To negotiate and contract with any person, firm, corporation, county, authority, or municipality with regard to the connection of any system or systems with any other system or systems now in operation or hereafter to be established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district;

(h) To contract for the extension of any such system into territory outside of the district, and for the use thereof, upon such terms and conditions as the board may from time to time determine upon;

(i) With respect to the maintenance and operation of said motor vehicle parking lots system, the board is authorized to purchase, install, maintain, and operate, and to fix and charge parking meter fees for the use of, such parking lot or lots;

(j) Insofar as is permitted by Article VIII, Section 5 and Article VIII, Section 7 of the Constitution of Virginia to construct or contract to construct within such sanitary district, at the request of the school board and subject to all provisions of law applicable to the construction of school buildings, and additions thereto;

(k) To borrow not earlier than January 1 of any year, or the first day of the fiscal year of the district, for the purpose of meeting casual deficits in the revenue of the district or creating a debt in anticipation of the collection of the revenue of the district, a sum of money not to exceed one-half of the amount reasonably anticipated to be produced by the revenues of the district, including taxes levied pursuant to § 21-119 , for the year in which the loan is negotiated; provided, there shall be excluded from the amount reasonably anticipated to be produced by the revenue of the district any anticipated tax revenues of the district which have not actually been levied and assessed against property within the district.

Notwithstanding any provisions of law to the contrary, any sanitary district is empowered to borrow in advance of grants and reimbursements due the district from the federal and state governments for the purpose of meeting appropriations for the then current fiscal year. "Grants" and "reimbursements" as used herein shall mean grants which the district has been formally advised in writing it will receive, and reimbursements on moneys which the federal or state governments are obligated to pay the district on account of expenditures made in anticipation of receiving such payment from the federal or state government. The district may borrow the full amount of the grant or reimbursement that the federal or state government is obligated to pay at the time the loan is issued. The loan shall be repaid within 60 days of the time the grant or reimbursement is received, but in any event, the loan shall be repaid within one year from the date of its issue.

Such temporary loans shall be evidenced by notes or bonds, negotiable or nonnegotiable as the board of supervisors may determine; shall bear interest at a rate as provided in § 2.2-5000 ; and shall be repaid not later than either December 15 of the year in which they are borrowed or 15 days before the last day of the fiscal year of the district. No extension of any such loan shall be valid. No additional loan under this subsection shall be made until all temporary loans of preceding years shall have been paid. No election shall be required for the issuance of any bond pursuant to the provisions of this subsection. Except as this subsection otherwise provides, any bonds issued pursuant to this subsection may be issued in accordance with the provisions of §§ 21-130 through 21-136 ;

(l) Notwithstanding any other provision of this chapter to the contrary, where the use of any water or sewer systems described in this section is contracted for by an occupant who is not the owner of the premises and where such occupant's premises are separately metered for service, the owner of any such premises shall be liable only for the payment of delinquent rates or charges applicable to three delinquent billing periods but not to exceed a period of 90 days for such delinquency. No board shall refuse to service other premises of the owner not occupied by an occupant who is delinquent in the payment of such rates or charges on account of such delinquency provided that such owner has paid in full any delinquent charges for which he would be responsible for paying. No board shall refuse to service or unreasonably delay reinstatement of service to premises where such occupant who is delinquent has vacated the premises and a new party has applied for service provided such owner has paid in full such delinquent charges as he would be responsible for paying.

1962, c. 571; 1964, c. 517; 1970, c. 674; 1975, cc. 251, 490; 1976, c. 684; 1977, c. 516; 1981, cc. 554, 563, 564; 1982, c. 447; 1983, c. 422; 1994, c. 432 ; 1997, c. 12 ; 2000, c. 230 ; 2011, cc. 438 , 496 ; 2012, c. 485 ; 2017, c. 14 .
Va. Code Ann. § 21-167 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-167
County, city or town not liable for act of commission
Status: in_force

No pecuniary liability of any kind shall be imposed upon any county, city or town constituting any part of any district because of any act, agreement, contract, tort, malfeasance, misfeasance, or nonfeasance, by or on the part of the commission of such district, or any member of such commission, or its agents, servants and employees, except as otherwise provided in this chapter with reference to contracts and agreements between the commission and any county, city or town.

1938, p. 515; 1942, p. 602; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 530.
Va. Code Ann. § 21-300 — Virginia Code / Title 21 / Chapter 6 / Section 21-300
Filling vacancies on board
Status: in_force

If a vacancy occurs on the board of viewers for any reason a successor shall be chosen in accordance with the provisions of § 21-297 .

Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 606; 1954, c. 642.
Va. Code Ann. § 21-416 — Virginia Code / Title 21 / Chapter 6 / Section 21-416
Collection of assessments on retired bonds
Status: in_force

All uncollected assessments levied for payment of principal of and interest on bonds of such project refunded and retired by the issuance of refunding bonds hereunder may be continued in force, and the proceeds of the collection thereof pledged and applied to the payment of principal of and interest on the refunding bonds issued in lieu of such original bonds, and if the outstanding bonds are retired at less than their par value in such manner as to reduce the bonded indebtedness of the project the assessments theretofore levied for the payment of such indebtedness may in the discretion of the board of viewers be proportionately reduced.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.
Va. Code Ann. § 21-326 — Virginia Code / Title 21 / Chapter 6 / Section 21-326
Assistance in making survey
Status: in_force

The board of viewers shall have power to employ such assistants as may be necessary to make a complete survey of the drainage district, and unless already completely surveyed and chartered, by United States or state engineers, shall enter upon the ground and make a survey of the main drain, or drains, and all its laterals, as approved by the court at the preliminary hearing, or any other drainways, answering the same purpose, if found more feasible or economical.

Code 1919, § 1750; 1920, p. 609; 1926, p. 610.
Va. Code Ann. § 21-400.1 — Virginia Code / Title 21 / Chapter 6 / Section 21-400.1
Bonds mutilated, lost or destroyed
Status: in_force

Should any bond issued under this chapter become mutilated or be lost or destroyed, the board of viewers may cause a new bond of like date, number and tenor to be executed and delivered in exchange and substitution for and upon cancellation of such mutilated bond and its interest coupons or in lieu of and in substitution for such lost or destroyed bond and its unmatured interest coupons. Such new bond shall not be executed or delivered until the holder of the mutilated, lost or destroyed bond (1) has paid the reasonable expense and charges in connection therewith and (2) in the case of a lost or destroyed bond, has filed with the board of viewers and the county treasurer satisfactory evidence that such bond was lost or destroyed and that the holder was the owner thereof and (3) has furnished indemnity satisfactory to the county treasurer.

1962, c. 202.
Va. Code Ann. § 21-164 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-164
Repealed
Status: repealed

Repealed by Acts 1970, c. 463.
Va. Code Ann. § 21-139 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-139
Laws continued in effect
Status: in_force

Sections 4 through 7 of Chapter 460 of the Acts of 1930, as amended by Chapter 15 of the Acts of 1933; Chapter 274 of the Acts of 1936; Chapter 28 of the Acts of 1936-7, codified as §§ 1560p-1560s of Michie Code 1942, relating to bonds of sanitary districts, is continued in effect.

Chapter 186 of the Acts of 1932, as amended by Chapter 164 of the Acts of 1938, codified as §§ 1560aa through 1560gg of Michie Code 1942, relating to bonds of sanitary districts created by special act, is continued in effect.

Chapter 25 of the Acts of 1947, as amended by Chapter 72 of the Acts of 1948, relating to the issuance of bonds by sanitary districts in counties adjoining a county having a population of not less than 1,000 a square mile, is continued in effect.
Va. Code Ann. § 21-175 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-175
Approval of disposal methods
Status: in_force

The method proposed to be used by a commission for treating and disposing of sewage and industrial wastes so as to prevent the pollution of the tidal waters of the district, and any substantial change in such method, shall, before being finally adopted or used by the commission, be approved by the State Health Commissioner as effective and satisfactory for the purpose intended.

1938, p. 523; Michie Code 1942, § 1560uu.
Va. Code Ann. § 21-357 — Virginia Code / Title 21 / Chapter 6 / Section 21-357
Monthly estimates
Status: in_force

The superintendent in charge of construction or the engineer shall make monthly estimates of the amount of work done, and shall furnish one copy to the contractor and file the other with the board of viewers and the board shall, within five days after the filing of such estimate, meet and direct the secretary to draw a warrant in favor of such contractor for ninety per centum of the work done, according to the specifications and contract; and upon presentation of such warrant, properly signed by the chairman and secretary, to the treasurer, of the drainage fund he shall pay the amount due thereon. When the work is fully completed and accepted by the superintendent or the engineer, the engineer shall make an estimate for the whole amount due, including amounts withheld on the previous monthly estimates, which shall be paid from the drainage fund, as before provided.

Code 1919, § 1762; 1926, p. 617; 1954, c. 642.
Va. Code Ann. § 21-166 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-166
How power of eminent domain exercised
Status: in_force

The powers of condemnation or eminent domain conferred on the commission by this chapter shall be exercised by the board or commission under the same conditions and provisions and in accordance with the same procedure as in the case of the exercise of similar powers by the governing bodies of counties and cities or towns so far as they can be applied to the same.

1938, p. 515; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 74; 1946, p. 530.
Va. Code Ann. § 21-269 — Virginia Code / Title 21 / Chapter 4 / Article 5 / Section 21-269
Outstanding bonds not to exceed ten million dollars
Status: in_force

Bonds of a commission shall at no time be outstanding in a principal amount in excess of $10 million.

1946, p. 356; Michie Suppl. 1946, § 1560iii8.
Va. Code Ann. § 21-285 — Virginia Code / Title 21 / Chapter 4 / Article 6 / Section 21-285
Contracts with counties, cities and towns outside of district
Status: in_force

Any commission, and any county, city or town in whole or in part outside of the district, is authorized to enter into a contract or contracts on such terms and conditions as such contract may contain, providing for or relating to the treatment and disposal of sewage or industrial wastes originating in such county, city or town, by means of the sewage disposal system or such other facilities as the commission may determine to provide for such purpose, and such county, city or town is authorized to do everything necessary or proper to carry out and perform every such contract and to provide for the payment or discharge of any obligation thereunder by the same means and in the same manner as any other of its obligations.

In the event any such contract is entered into in accordance with the provisions of this section, provision shall be made therein whereby the cost of rendering the services herein referred to, to such county, city or town, will be borne by such county, city or town.

1946, p. 362; Michie Suppl. 1946, § 1560iii21.
Va. Code Ann. § 21-185 — Virginia Code / Title 21 / Chapter 3 / Article 4 / Section 21-185
Register
Status: in_force

The commission shall keep and preserve a complete register, or registers, open to public inspection, of all fees, rents and other charges which have been charged by the commission to the owners or lessees or tenants of any real estate for the use and services of the sewage disposal system and have become due and payable and have not been paid. Such register or registers shall be kept in such place or places as the commission shall determine.

1938, p. 518; 1940, p. 623; Michie Code 1942, § 1560nn.
Va. Code Ann. § 21-263 — Virginia Code / Title 21 / Chapter 4 / Article 4 / Section 21-263
Time and place of payment
Status: in_force

The commission shall likewise fix and determine the time or times when and the place or places where such fees, rents and charges shall be due and payable and may require that such fees, rents and charges shall be paid in advance for periods of not more than six months.

A copy of the schedules of all fees, rents and charges in effect shall at all times be kept on file at the principal office of the commission, and such schedules shall at all reasonable times be open to public inspection.

1946, p. 354; Michie Suppl. 1946, § 1560iii7.
Va. Code Ann. § 21-281 — Virginia Code / Title 21 / Chapter 4 / Article 5 / Section 21-281
Inviolability of rights and remedies
Status: in_force

The Commonwealth does pledge to and agree with the holders of any bonds or other obligations issued by any commission pursuant to this chapter that the Commonwealth will not limit or alter the rights hereby vested in such commission to charge and collect such fees, rents and charges and other revenues as may be convenient or necessary in order to comply with the terms and provisions of any contract or contracts made by such commission with such holders, or in any way impair the rights and remedies of such holders, until the bonds and other obligations, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged.

1946, p. 365; Michie Suppl. 1946, § 1560iii27.
Va. Code Ann. § 21-172 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-172
Use of public sewer and disposal facilities
Status: in_force

In order to carry out and effectuate the purposes of the commission, every commission is authorized to enter upon and use and connect with any existing public drains, sewers, conduits, pipelines, pumping and ventilating stations and treatment plants or works or any other public property of a similar nature within the district, deemed proper by the commission in the exercise of the powers and performance of the duties set forth in this chapter, and, if deemed necessary by the commission, close off and seal outlets and outfalls therefrom. The commission shall not, however, take possession of any such treatment plant unless it acquires the same by purchase, condemnation or otherwise.

1938, p. 523; Michie Code 1942, § 1560ss.
Va. Code Ann. § 21-351 — Virginia Code / Title 21 / Chapter 6 / Section 21-351
Rejection of bid
Status: in_force

The board shall have the right to reject all bids once and advertise again the work, if, in their judgment, the interests of the project will be subserved by so doing, but if, upon the second bidding, all the bids exceed the estimated cost of the work, the bids shall be reported to the court by the board of viewers of each drainage project and the court thereupon, after giving notice to all parties affected in a manner similar to that required before the hearing of the final report, as set out in § 21-337 , shall hear and decide anew the question of finally establishing the district, taking as the basis of cost the lowest responsible bid as reported to it by the board of viewers, and the proceeding thereupon shall be as set forth in §§ 21-338 to 21-344 , and if the court anew decides that the value of the benefits of the increased value of the lands will exceed the costs it shall direct the board of viewers to accept the lowest responsible bid, otherwise the petition shall be dismissed at the cost of the petitioners. Cost shall be apportioned among them each according to acreage.

Code 1919, § 1761; 1926, p. 616; 1954, c. 642.
Va. Code Ann. § 21-388 — Virginia Code / Title 21 / Chapter 6 / Section 21-388
Duty of treasurer to make payments of interest and principal of bonds
Status: in_force

It shall be the duty of the treasurer of the county in which the land is located and without any previous order from the board of viewers, out of the amount received by him as aforesaid, to provide and pay the installment of interest at the time and place as evidenced by the coupons attached to the bonds, and also to pay the annual installments of the principal due on the bonds at the time and place as evidenced by the bonds; namely, so far as they affect and are liens by virtue of this chapter, upon the lands in his county, and any county treasurer shall be guilty of a misdemeanor, if he shall willfully fail to make prompt payments of the interest and principal upon such bonds, and shall likewise be liable in a civil action for all damages which may accrue either to the board of viewers or the holder of the bonds, to either or both of which a right of action is hereby given.

Code 1919, § 1771; 1920, p. 612; 1924, p. 712; 1926, p. 622; 1936, p. 1037; 1954, c. 642.
Va. Code Ann. § 21-345 — Virginia Code / Title 21 / Chapter 6 / Section 21-345
Assessment of lands benefited not theretofore included
Status: in_force

If, at any time after the final confirmation of the final report of the board of viewers, and final establishment of the district, the county board of drainage commissioners hereinafter mentioned having jurisdiction over the drainage district, are advised that the lands of any person are benefited by the drainage, such lands not having been included in the district or assessed theretofore on account of the drainage, the board, after giving not less than ten days' legal notice to such person, shall hear and determine whether any, and if any, what monetary benefit has been received by such person or persons by reason of the drainage, and the amount so ascertained by the county board of drainage commissioners, if any, shall be assessed against the lands of such person, in like manner and collected in the same way as if the lands had been classified, listed and assessed in the original assessment of the lands in the drainage district. Such person shall have the right of appeal, from the findings of the board to the circuit court of the county in which the petition was filed. Such appeal shall be perfected within ten days from the date of the findings of said board, after which time no appeal shall be allowed.

Code 1919, § 1757; 1926, p. 614.
Va. Code Ann. § 21-259 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-259
Accounts and records
Status: in_force

Every commission shall keep and preserve complete and accurate accounts and records of all moneys received and disbursed by it and of all of its business and operations and of all property and funds owned or managed by it or under its control, and shall prepare and transmit to the State Health Commissioner and to the governing body of each city, county and town which is in whole or in part embraced within the district, annually and at such other times as the State Health Commissioner shall require, complete and accurate reports as to the state and content of such accounts and records, together with such information with respect thereto as the State Health Commissioner may require.

1946, p. 361; Michie Suppl. 1946, § 1560iii17.
Va. Code Ann. § 21-194 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-194
Resolutions may be part of contract with bondholders
Status: in_force

Any resolutions of the commission authorizing any bonds may contain provisions, which shall be a part of the contract with the several holders of such bonds and accordingly subject to amendment by mutual agreement of the commission and the holders of all of such bonds, as to:

(1) Pledging, setting aside, depositing or trusteeing any or all revenues or funds of the commission to secure the payment of the principal of or interest on such bonds or other bonds of the commission or the payment of expenses of construction, operation or maintenance of the sewage disposal system, including provisions giving priority, notwithstanding any provision or rule of law otherwise to the contrary, to the obligation to perform such contractual provisions to secure payment of such principal or interest over any or all other obligations and liabilities of the commission;

(2) Payment of the principal of or interest on such bonds or other bonds of the commission, and the sources and methods thereof;

(3) The fees, rents and other charges to be established and collected by the commission, the collection and enforcement of the same, and the use, disposition and application of the amounts collected;

(4) The setting aside of reserves and sinking funds and the source, regulation, application and disposition thereof;

(5) The determination or definition of the revenues and income of the commission and of the expenses of operation and maintenance of the sewage disposal system;

(6) The use, regulation, operation, maintenance, insurance and disposition of the sewage disposal system, facilities and other property of the commission;

(7) Restrictions on the power of the commission to limit and regulate the use of the sewage disposal system, facilities and other property of the commission;

(8) Limitations on the purposes to which the proceeds of such bonds or other bonds of the commission may be applied;

(9) The construction and completion of all or any part of the sewage disposal system or any facilities of the commission;

(10) Limitations on the issuance of additional bonds or on the indebtedness of the commission;

(11) The procedure, if any, by which the terms of any contract with the holders of such bonds may be amended or abrogated, the amount of bonds the holders of which must consent thereto, and the manner in which such consent may be given or evidenced;

(12) Payment of costs or expenses incident to the enforcement of such bonds or of the provisions of such resolution or of any contract with the holders of such bonds, in accordance with this article; or

(13) Any other matter which the commission shall determine to be necessary in order to carry out and effectuate the purposes of the commission.

1938, p. 520; 1942, p. 605; Michie Code 1942, § 1560oo.
Va. Code Ann. § 21-176 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-176
Prohibition of sale or encumbrance of system
Status: in_force

Neither the commission nor any of the counties, cities or towns in whole or in part embraced within the district shall have power to mortgage, pledge, encumber or otherwise dispose of any part of the sewage disposal system of a commission, except such part or parts thereof as may be no longer necessary for the purposes of the commission, whether the same shall originally have been acquired by such commission or by one of the counties, cities or towns. The provisions of this section shall be deemed to constitute a contract with the holders of the bonds of the commission. The sewage disposal system of a commission shall be exempt from any and all liability which may be incurred by, or imposed upon, the commission, or any county, city or town, which, in whole or in part, constitutes any part of any district.

However, a commission may sell, lease as lessor, transfer, or dispose of all or any of its property and facilities in such a manner and upon such terms as the commission may determine to be in the best interest of the district, on the condition that the commission meet and discharge all of the requirements of the bonds issued by the commission, together with all principal, interest, costs and expenses.

1938, p. 523; Michie Code 1942, § 1560vv; 1991, c. 549.
Va. Code Ann. § 21-292.1 — Virginia Code / Title 21 / Chapter 6 / Section 21-292.1
"District" means "project."
Status: in_force

Whenever the word district or districts hereinafter appears in this chapter, it shall be construed to mean project or projects.

1954, c. 642.
Va. Code Ann. § 21-323 — Virginia Code / Title 21 / Chapter 6 / Section 21-323
Condemnation of land
Status: in_force

If it shall be necessary to acquire a right-of-way and outlet over and through any lands or to remove any dam or other obstacle, whether the same is or is not operated under a decree of court, and the same cannot be acquired by purchase at a price deemed reasonable by the court upon report to the court by the board of viewers thereupon, then in such event the power of eminent domain is conferred, and the same may be condemned. Such owner of the land, dam, or other obstacles proposed to be condemned, may all be made parties defendant in one condemnation suit or proceeding, whether such owner or owners are all interested in one tract or parcel of land, dam or other obstacle, or different owners are interested in different tracts or parcels of land or different dams or other obstacles, and the procedure in such condemnation suit or proceeding shall be under the restrictions provided by the general statutes of this Commonwealth relative to the condemnation of land so far as the same may be applicable and are not in conflict with the provisions of this chapter.

Code 1919, § 1747; 1928, p. 604.
Va. Code Ann. § 21-375 — Virginia Code / Title 21 / Chapter 6 / Section 21-375
When assessment due and payable; when delinquent
Status: in_force

The assessments shall be due and payable on the first Monday in September in each year, and if the same shall not be paid in full by the thirty-first day of December following, they shall be delinquent and shall be entered as such by the treasurer of the county in which the lands whereon the assessments are delinquent are located, on his copy of the assessment rolls, which entry shall be notice of the lien of any such delinquent assessment to the same extent as the entry of lands in the delinquent tax books is notice of the lien thereon.

Code 1919, § 1771; 1920, p. 611; 1924, p. 712; 1926, p. 620; 1936, p. 1035.
Va. Code Ann. § 21-364 — Virginia Code / Title 21 / Chapter 6 / Section 21-364
Control and repairs; penalty for injury to construction
Status: in_force

Whenever any improvement constructed under this chapter is completed, it shall be under the control and supervision of the board of viewers of the project in the county in which the petition was filed. It shall be the duty of the board to keep the levee, ditch or watercourse in good repair, and for this purpose they may levy an assessment on the lands benefited by the construction of such improvements in the same manner and in the same proportions as the original assessments were made, and the fund that is collected shall be used for repairing and maintaining the ditch, drain or watercourse in perfect order; but if any repairs are made necessary by the act or negligence of the owner of any land through which such improvement is constructed, or by the act or negligence of his tenants, agents or employees or the same is caused by cattle, hogs, or other stock of the owner, employee, or agent, then the cost thereof shall be assessed and levied against the lands of the owner alone, to be collected by proper suit instituted by the board of viewers.

It shall be unlawful for any person to injure or damage or obstruct or build any bridge, roadway, fence or flood gate in such a way as to injure or damage any levee, ditch, drain, or watercourse constructed or improved under the provisions of this chapter, and any person causing such injury shall be guilty of a misdemeanor, and upon conviction thereof may be fined any sum not exceeding twice the damage for injury done or caused.

Code 1919, § 1769; 1926, p. 618; 1954, c. 642.
Va. Code Ann. § 21-133 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-133
Cost of giving surety on additional bond or bonds required
Status: in_force

The treasurer shall receive the reasonable cost of giving surety on such additional bond or bonds as may be required of him, if any, on account of his receipts heretofore or hereafter of such funds.

1946, p. 182; Michie Suppl. 1946, § 1560z6; 1952, c. 283.
Va. Code Ann. § 21-202 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-202
Inviolability of rights and remedies
Status: in_force

The Commonwealth does pledge to and agree with the holders of any bonds or other obligations issued by any commission pursuant to this chapter that the Commonwealth will not limit or alter the rights hereby vested in such commission to charge and collect such fees, rents and charges and other revenues as may be convenient or necessary in order to comply with the terms and provisions of any contract or contracts made by such commission with such holders, or in any way impair the rights and remedies of such holders, until the bonds and other obligations, together with interest thereon, with interest on any unpaid installments of interest, and all costs and expenses in connection with any action or proceeding by or on behalf of such holders are fully met and discharged.

1938, p. 529; Michie Code 1942, § 1560hhh.
Va. Code Ann. § 21-384 — Virginia Code / Title 21 / Chapter 6 / Section 21-384
Board of viewers to pay treasurer
Status: in_force

When the period of redemption has expired the board of viewers shall pay to the treasurer or treasurers of the county or counties in which the lands lie the balance of the amount representing its bid at the sale of the lands and any accumulated assessments on the lands, before it or its assigns shall be entitled to a deed therefor.

Code 1919, § 1771; 1936, p. 1036; 1954, c. 642.
Va. Code Ann. § 21-366 — Virginia Code / Title 21 / Chapter 6 / Section 21-366
Certification and record of total cost
Status: in_force

After the contract for the work of construction of the improvement has been let, the board of viewers shall ascertain the total cost of the improvement, including damages awarded to be paid to owners of land, all costs of incidental expenses, and including a reasonable attorney's fee to counsel for petitions for conducting the proceedings on behalf of the petitioners, the amount of such fee to be fixed by the board of viewers and also including an amount sufficient to pay the necessary expenses of maintaining the improvement for a period of three years after the completion of the work of construction, after deducting therefrom any special assessments made against any railroad or highway. Thereupon the board of viewers under the hand of the chairman and secretary of the board, shall certify to the clerk of the circuit court the total cost, ascertained as aforesaid; and the certificate shall forthwith be recorded in the drainage record and open to inspection of any landowner in the district.

Code 1919, § 1771; 1920, p. 610; 1924, p. 710; 1926, p. 619; 1936, p. 1034; 1954, c. 642.
Va. Code Ann. § 21-125 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-125
Procedure after election
Status: in_force

If it shall appear from the report of the commissioners of election that a majority of the qualified voters of the sanitary district voting on the question are in favor of issuing the bonds, the circuit court, or the judge thereof in vacation, shall enter of record an order requiring the governing body to proceed at its next meeting to carry out the wishes of the voters as expressed at the election.

1946, p. 181; Michie Suppl. 1946, § 1560z4.
Va. Code Ann. § 21-307 — Virginia Code / Title 21 / Chapter 6 / Section 21-307
Publication against unknown owners
Status: in_force

If, at the time of the filing of the petition, or at any time subsequent thereto, it shall be made to appear to the court, or the judge thereof in vacation, by affidavit or otherwise, that the owner or owners of the whole or any share of any tract or tracts of land affected or within the bounds of the proposed drainage district, whose names are unknown, and cannot, after due diligence, be ascertained by the petitioners, the court or the judge thereof, shall order a notice in the nature of a summons to be given to all such persons by publication of the petition, or of the substance thereof, and describing generally the tract or tracts of land as to which the owner or owners are unknown, with the order of the court or the judge thereof thereon, in some newspaper published in the county wherein the land is located or in any city within the geographical limits of the county. If no newspaper shall be published in the county or city, then in some newspaper designated in the order of the court or the judge thereof, and a copy of such publication shall also be posted in at least three conspicuous places within the boundaries of the proposed district, and at the courthouse door of the county. Such publication in a newspaper shall be made once a week for four successive weeks.

Code 1919, § 1740; 1926, p. 608.
Va. Code Ann. § 21-298 — Virginia Code / Title 21 / Chapter 6 / Section 21-298
Repealed
Status: repealed

Repealed by Acts 1954, c. 642.
Va. Code Ann. § 21-321 — Virginia Code / Title 21 / Chapter 6 / Section 21-321
Preliminary establishment of district
Status: in_force

The above facts having been determined to the satisfaction of the court, and the approximate boundaries of the proposed district determined, it shall declare the preliminary establishment of the drainage or levee district, which shall be designated by name or number, for the object and purpose as herein set forth.

Code 1919, § 1746.
Va. Code Ann. § 21-143 — Virginia Code / Title 21 / Chapter 3 / Article 1 / Section 21-143
Ordering and conduct of elections
Status: in_force

Every order made pursuant to this chapter requiring the opening of a poll and the taking of the sense of the qualified voters of a district or proposed sanitation district on a question, shall designate the question and a date for holding such election not less than thirty days from the date of such order, and may be directed as writs of election are directed for an election district, or to fill a vacancy in the General Assembly or in Congress. It shall be the duty of the regular election officers of the counties and cities in whole or in part embraced within the district or proposed sanitation district to cause to be printed and distributed in the manner prescribed by law for printing and distributing other ballots the proper number of ballots which shall be separate from any other ballots. The ballots shall set forth the question designated in such order and shall be in substantially the following form:

(Here shall appear the question designated in the order)

[ ] YES

[ ] NO

To vote "Yes" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "Yes"; to vote "No" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "No."

The regular election officers, at the time designated in such order, shall open the polls at the various voting places in the district or proposed sanitation district and at any other voting places at which any qualified voter of the district or proposed sanitation district is entitled to vote, and shall conduct such election and close the polls in such manner as is provided by law in other elections. The ballots shall be counted, and returns made and canvassed and the results ascertained and made known as in other elections, and the results certified by the commissioners of election to the Secretary of the Commonwealth, all in such manner as to show the respective numbers of affirmative and negative votes cast at the election. The Secretary of the Commonwealth shall record and tabulate the reports of the commissioners of election and shall certify the result of the election to the court which made the order authorizing and requiring such election.

1938, p. 528; Michie Code 1942, § 1560fff.
Va. Code Ann. § 21-368 — Virginia Code / Title 21 / Chapter 6 / Section 21-368
Assessment rolls to provide for bond interest payments
Status: in_force

The first of these assessment rolls shall provide assessments sufficient for the payment of interest on the bond issue to accrue the third year after their issue, and the instalment of principal to fall due at the expiration of the third year after the date of issue, together with such amounts as shall have to be paid for collecting and handling of the same. The second assessment roll shall make like provision for the fourth year; the third for the fifth year; and in like manner for each succeeding year.

Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 619; 1936, p. 1034.
Va. Code Ann. § 21-355 — Virginia Code / Title 21 / Chapter 6 / Section 21-355
Opening bids
Status: in_force

All bids shall be sealed and shall not be opened except under the authority of the board of viewers and on the day theretofore appointed for opening the bids.

Code 1919, § 1761; 1926, p. 617; 1954, c. 642.
Va. Code Ann. § 21-216 — Virginia Code / Title 21 / Chapter 3 / Article 7 / Section 21-216
Contracts with counties, cities and towns outside of district
Status: in_force

Any commission, and any county, city or town in whole or in part outside of the district, is authorized to enter into a contract on such terms and conditions as such contract may contain, providing for or relating to the treatment and disposal of sewage or industrial wastes originating in such county, city or town, by means of the sewage disposal system or such other facilities as the commission may determine to provide for such purpose, and such county, city or town is authorized to do everything necessary or proper to carry out and perform every such contract and to provide for the payment or discharge of any obligation thereunder by the same means and in the same manner as any other of its obligations.

In the event any such contract is entered into in accordance with the provisions of this section, provision shall be made therein whereby the cost of rendering the services herein referred to, to such county, city or town, will be borne by such county, city or town.

1938, p. 527; Michie Code 1942, § 1560bbb.
Va. Code Ann. § 21-126 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-126
Inquiry into election and returns
Status: in_force

Whenever the sense of the qualified voters of the district shall be taken on the question whether the governing body shall issue bonds for one or more of the purposes for which the sanitary district was created, election and returns shall be subject to the inquiry, determination and judgment of the circuit court of the county upon the written complaint of twenty-five or more of the qualified voters of the district, of an undue election or false returns, two of whom shall take an oath that the facts set forth in such complaint are true to the best of their knowledge and belief, and the court shall, in judging of such election and returns, proceed upon the merits thereof and determine concerning the same according to the Constitution and laws of this Commonwealth, but such complaint shall not be valid unless it shall have been filed within thirty days after the election in the office of the clerk of the court. The governing body of the county shall be made a defendant by summons or notice to its chairman of the filing of the complaint, and after such service of notice on the chairman of such governing body, either party, upon reasonable notice to the other, shall be at liberty to take depositions to sustain or invalidate such election. Service of notice on any three of the complainants shall be sufficient. The court shall proceed at its next term after such service of summons or notice to determine the contest without a jury on the evidence, oral or written, unless good cause be shown for a continuance, and shall make a proper record of its judgment. If the judgment be that the election was a valid one in favor of the issuance of bonds in the district, the court shall make an order in conformity with § 21-125 .

1946, p. 181; Michie Suppl. 1946, § 1560z5.
Va. Code Ann. § 21-222 — Virginia Code / Title 21 / Chapter 3 / Article 8 / Section 21-222
Discharge of sewage from vessel while afloat, etc
Status: in_force

No violation of any provision of this article shall be deemed to occur by reason of the discharge of sewage from any boat or vessel while afloat or on a marine railway or in dry dock.

1938, p. 528; Michie Code 1942, § 1560ccc.
Va. Code Ann. § 21-319 — Virginia Code / Title 21 / Chapter 6 / Section 21-319
Board of viewers to attend hearing
Status: in_force

The board of viewers shall attend such hearing, and give any information or evidence that may be sought to verify and substantiate their report.

Code 1919, § 1746.
Va. Code Ann. § 21-381 — Virginia Code / Title 21 / Chapter 6 / Section 21-381
Sufficiency of bids at delinquent sales
Status: in_force

No bid at any sale shall be received unless sufficient in amount to discharge all the drainage assessments and other charges due by the delinquent lands or owner thereof, together with all costs and expenses of sale. If no sufficient bid be received, the board of viewers shall be deemed the purchaser at a sum sufficient to pay all assessments which are due, and costs, as above stated, and shall be entitled to receive a certificate of purchase and deed in the manner provided by law for purchases at tax sales. The board of viewers shall only be required to pay the costs and expenses of sale before receiving a certificate of purchase, and no lands shall be subsequently sold for drainage assessments while the board of viewers holds a certificate of purchase or deed therefor.

Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
Va. Code Ann. § 21-213 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-213
Member of commission becoming nonresident because of removal or withdrawal
Status: in_force

If any member of a commission shall, through removal from the district or through any withdrawal or exclusion of any part or parts of any district, cease to reside within the district he shall thereupon be disqualified for holding office as a member of the commission, and the vacancy thus created shall be filled as otherwise provided.

1940, p. 621; 1942, p. 604; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-353 — Virginia Code / Title 21 / Chapter 6 / Section 21-353
Superintendent and engineer to act as advisors
Status: in_force

In canvassing bids and letting the contract, the superintendent of construction or the engineer shall act only in an advisory capacity to the board of viewers.

Code 1919, § 1761; 1926, p. 617; 1954, c. 642.
Va. Code Ann. § 21-121 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-121
Validation of proceedings
Status: in_force

All proceedings had in the creation of sanitary districts in the Commonwealth prior to January 1, 1970, whether under general law or by special act, are validated and confirmed, and all such districts so created or attempted to be created under existing law or by special act are declared to have been validly created and established notwithstanding any defects or irregularities in the creation thereof.

1946, p. 64; 1958, c. 588; 1968, c. 62; 1970, c. 441.
Va. Code Ann. § 21-226 — Virginia Code / Title 21 / Chapter 4 / Article 1 / Section 21-226
Ordering and conduct of elections
Status: in_force

Every order made pursuant to this chapter requiring the opening of a poll and the taking of the sense of the qualified voters of a district or proposed sanitation district on a question shall designate the question and a date for holding such election not less than thirty days from the date of such order, and may be directed as writs of election are directed for an election district, or to fill a vacancy in the General Assembly or in Congress. It shall be the duty of the regular election officers of the counties and cities in whole or in part embraced within the district or proposed sanitation district to cause to be printed and distributed in the manner prescribed by law for printing and distributing other ballots the proper number of ballots which shall be separate from any other ballots. The ballots shall set forth the question designated in such order and shall be in substantially the following form:

(Here shall appear the question designated in the order)

[ ] YES

[ ] NO

To vote "Yes" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "Yes"; to vote "No" on the question, place a checkmark (✓) or cross (+ or ✗) in the space opposite the word "No."

The regular election officers, at the time designated in such order, shall open the polls at the various voting places in the district or proposed sanitation district and at any other voting places at which any qualified voter of the district or proposed sanitation district is entitled to vote, and shall conduct such election and close the polls in such manner as is provided by law in other elections. The ballots shall be counted and returns made and canvassed and the results ascertained and made known as in other elections, and the results certified by the commissioners of election to the Secretary of the Commonwealth, all in such manner as to show the respective numbers of affirmative and negative votes cast at the election. The Secretary of the Commonwealth shall record and tabulate the reports of the commissioners of election and shall certify the result of the election to the court which made the order authorizing and requiring such election.

1946, p. 364; Michie Suppl. 1946, § 1560iii25.
Va. Code Ann. § 21-255 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-255
Approval of disposal methods
Status: in_force

The method proposed to be used by a commission for treating and disposing of sewage and industrial wastes so as to prevent the pollution of the waters of the district, and any substantial change in such methods, shall, before being finally adopted or used by the commission, be approved by the State Health Commissioner as effective and satisfactory for the purpose intended.

1946, p. 360; Michie Suppl. 1946, § 1560iii14.
Va. Code Ann. § 21-154 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-154
Incorporation of district; name and style
Status: in_force

Each district heretofore or hereafter created pursuant to this chapter or pursuant to a special act of the General Assembly, and the inhabitants of its territory as the same has been or may be established and from time to time altered pursuant to a law, is hereby created as a body corporate and politic under the name and style of, and to be known by, the name of the district with the word "commission" appended.

1938, p. 513; 1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.
Va. Code Ann. § 21-376 — Virginia Code / Title 21 / Chapter 6 / Section 21-376
Interest from delinquency; penalty
Status: in_force

From the date of delinquency of any assessment it shall bear interest at the legal rate, and a penalty of five per centum of the assessment shall be added thereto.

Code 1919, § 1771; 1924, p. 712; 1926, p. 620; 1936, p. 1035.
Va. Code Ann. § 21-195 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-195
Negotiability
Status: in_force

Any provisions of law to the contrary notwithstanding, any bonds or temporary bonds issued pursuant to the authority of this chapter shall be deemed to be fully negotiable within the meaning and for all the purposes of Title 8.3A.

1938, p. 521; 1942, p. 606; Michie Code 1942, § 1560.
Va. Code Ann. § 21-205 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-205
Proof that steps for withdrawal have been taken
Status: in_force

The governing body of any county or city proposing to avail itself of the provisions of this article shall, within one year after the creation of the district, furnish to the commission satisfactory proof showing that it has theretofore taken all proceedings necessary and performed all acts necessary to enable it to construct, finance and operate such proposed separate sewage disposal system; in the event that the commission shall not agree with the governing body of such county or city upon the sufficiency of such proceedings and acts and proof thereof, such governing body may within thirty days petition any circuit or corporation court having jurisdiction in such county or city which shall thereupon be authorized to hear and determine whether or not such county or city has complied with the applicable provisions of § 21-204 and entitled itself to withdraw from the district.

1940, p. 620; 1942, p. 602; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-137 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-137
Repealed
Status: repealed

Repealed by Acts 1972, c. 236.
Va. Code Ann. § 21-200 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-200
Special remedies of bondholders
Status: in_force

(a) The provisions of this section shall be applicable to a series of bonds of a commission only if the resolution or resolutions authorizing such series of bonds shall provide in substance that the holders of the bonds of such series shall be entitled to all the benefits, and be subject to the provisions of this section.

(b) In the event that the commission shall default in the payment of the principal of or interest on any bonds of such series after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the commission shall fail or refuse to comply with the provisions of this chapter relating to or affecting the payment or security of such bonds or the collection of fees, rents or charges, or other revenues therefor, or shall fail or refuse to carry out and perform the terms of any contract with the holders of any of such bonds, and such failure or refusal shall continue for a period of thirty days after written notice of its existence and nature to the commission the holders of twenty-five per centum in aggregate principal amount of such bonds then outstanding, by instrument or instruments filed with the Governor and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of all bonds of such series for the purposes herein provided.

(c) Such trustee may, and upon written request of the holders of twenty-five per centum in principal amount of the bonds of such series then outstanding shall, in his or its name:

(1) By mandamus or other suit, action or proceeding at law or in equity, enforce all rights of the holders of such bonds, including the right to require the commission to collect fees, rents and other charges adequate to carry out any agreement as to, or pledge of, such fees, rents or other charges, or the revenues therefrom, and to require the commission to carry out and perform the terms of any contract with the holders of such bonds or its duties under this chapter;

(2) Bring suit upon all or any part of such bonds;

(3) By action or suit in equity, require the commission to account as if it were the trustee of an express trust for the holders of such bonds;

(4) By action or suit in equity, enjoin any act or thing which may be unlawful or in violation of the rights of the holders of such bonds;

(5) Declare all such bonds due and payable, whether or not in advance of maturity, and, if all defaults shall be made good, then with the consent of the holders of twenty-five per centum of the principal amount of such bonds then outstanding, annul such declaration and its consequences, provided that before declaring such bonds due and payable, the trustee shall first give thirty days' notice in writing to the commission.

(d) If the resolution or resolutions authorizing such series of bonds shall contain the provision authorized by subsection (a) of this section and shall further provide in substance that any trustee appointed pursuant to this section shall have the powers provided by this subsection, then such trustee, whether or not all of the bonds of such series shall have been declared due and payable, shall be entitled as of right to the appointment of a receiver, who may enter upon and take possession of any facilities or property operated by the commission, any of the revenues from the operation of which are pledged for the security of such bonds, and operate and maintain the same and fix, charge, collect and receive all fees, rents and other charges and other revenues thereafter arising from such operation in the same manner as the commission itself might do, and shall deposit all moneys collected in a separate account and apply the same in accordance with the duties and contracts of the commission in such manner as the court appointing such receiver shall direct.

(e) In any suit, action or proceeding by such trustee, the fees, counsel fees and expenses of such trustee and of the receiver, if any, shall constitute taxable costs and disbursements, and all costs and disbursements, allowed by the court shall be a first charge upon any fees, rents and other charges, and revenues of the commission pledged for the payment or security of such bonds.

(f) Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the holders of the bonds of such series in the enforcement and protection of their rights.

1938, p. 521; Michie Code 1942, § 1560pp.
Va. Code Ann. § 21-371 — Virginia Code / Title 21 / Chapter 6 / Section 21-371
Assessment rolls to show time collectible; amount of assessment to depend on benefits
Status: in_force

Each of such assessment rolls shall specify the times when collectible, and be numbered in their order, and the amount assessed against the several tracts of land shall be in accordance with the benefits received, as shown by the classification of ratio of assessments made by the board of reviewers.

Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 620; 1936, p. 1035.
Va. Code Ann. § 21-339 — Virginia Code / Title 21 / Chapter 6 / Section 21-339
Approval by court
Status: in_force

If, in the opinion of the court, the cost of construction, together with the amount of damage assessed is not greater than the increased value of the lands affected and of the benefits that will accrue to the lands, the court shall confirm the final report of the board of viewers, and shall declare the drainage district to be finally established, and shall approve the survey and plans therefor.

Code 1919, § 1756; 1926, p. 614.
Va. Code Ann. § 21-382 — Virginia Code / Title 21 / Chapter 6 / Section 21-382
Rights of board of viewers at sale
Status: in_force

The board of viewers shall be in like position and have the same rights and be subject to the same duties as the purchaser of lands at any tax sale under the general law.

Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
Va. Code Ann. § 21-344 — Virginia Code / Title 21 / Chapter 6 / Section 21-344
Payment of total costs and expenses
Status: in_force

The total amount of the costs and expenses, or any part thereof may be paid by any person in lieu of assessments against his land with the consent of the board of viewers. If all landowners elect to pay their total assessed costs, upon the request of the board of viewers, the sale of bonds shall not be made.

Code 1919, § 1756; 1926, p. 614; 1954, c. 642.
Va. Code Ann. § 21-258 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-258
Funds of commission
Status: in_force

(a) All moneys of a commission, whether derived from the sale of bonds or other obligations or from the collection of fees, rents and other charges by the commission or from any contract of the commission or from any other source shall be collected, received, held, secured and disbursed in accordance with any contract of the commission relating thereto. The following provisions of this section shall be applicable to any such moneys only if and to the extent that they are consistent with such contract or contracts of the commission.

(b) Such moneys shall not be required to be paid into the state treasury or into the treasury or to any officer of any county, city or town.

(c) All such moneys shall be deposited by the commission in a separate bank account or accounts, appropriately designated, in such banks or trust companies as may be designated by the commission.

(d) All deposits of such moneys shall be secured by bonds or other direct unlimited obligations of the United States or of the Commonwealth of Virginia or of any county, city or town of the Commonwealth or of the commission of a market value at least equal at all times to the amount of such deposits, and all banks and trust companies are authorized to give such security for such deposits.

1946, p. 360; Michie Suppl. 1946, § 1560iii16.
Va. Code Ann. § 21-296 — Virginia Code / Title 21 / Chapter 6 / Section 21-296
Circulation of duplicate originals of petition
Status: in_force

For the convenience of the petitioners, duplicate originals of the same petition may be circulated and separately signed by the several petitioners without the others being present, which the court shall treat in all respects as if the signatures had been placed upon the same copy at the same time.

Code 1919, § 1738; 1924, p. 708; 1926, p. 606.
Va. Code Ann. § 21-410 — Virginia Code / Title 21 / Chapter 6 / Section 21-410
Procedure for issuance of additional bonds
Status: in_force

The proceedings for the issue of such additional bonds shall be substantially as follows: The board of viewers of each drainage project in the county in which the petition was originally filed shall issue a notice to all the owners of land within the drainage project, setting forth all the facts which require the expenditure of more money and the issue of additional bonds to complete the drainage system, which shall be accompanied by the recommendation of the drainage engineer, selected by the board of viewers directing each to appear before them on a certain day, mentioning the day, at least ten days' notice being given, and show cause, if any they have, why the additional bonds should not be authorized and issued, which notice shall be served personally on each such landowner by leaving a copy at their residence or place of business, and, if the same cannot be personally served, then it shall be served by publication as hereinbefore stated, or in the manner authorized by law. Any landowner may file an answer denying any material allegation in the notice or setting forth any valid objection to the same before the return day thereof. Upon the day when the notice is returnable, or on such day, as to which the same may have been continued, the board of viewers shall proceed to hear the answers. If they find that the answers are not material, and that the issue of additional bonds is advisable or necessary, it shall make an appropriate order authorizing and directing the issue of such additional bonds, fixing the amount of the issue, the date of the same, the time when the interest and principal shall be payable, and all other matters necessary and appropriate in the premises. Any landowner may appeal from the order of the board of viewers, as provided by Chapter 26 (§ 8.01-669 et seq.) of Title 8.01, and on such appeal only the issue raised in the answer shall be considered. After the board of viewers shall have ordered the additional issue of bonds the further procedure as to the assessment rolls, the levy and collecting of drainage taxes, the disbursement of the revenue therefrom for the payment the bonds and interest thereon, and all future procedure shall be the same as required by the preceding sections of this chapter, and amendments thereto, for the establishment of drainage projects.

Code 1919, § 1777; 1926, p. 626; 1954, c. 642.
Va. Code Ann. § 21-333 — Virginia Code / Title 21 / Chapter 6 / Section 21-333
Assessment of damages
Status: in_force

It shall be the further duty of the board of viewers to assess the damages claimed by anyone that are justly right and due him for land taken or for inconvenience imposed because of the construction of the improvement or for any other legal damages sustained. Such damage shall be considered separate and apart from any benefit the land would receive because of the proposed work.

Code 1919, § 1751.
Va. Code Ann. § 21-137.1 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-137.1
Payment of interest on and maintenance of sinking fund for term bonds; tax levy; what constitutes "term bonds" and "serial bonds."
Status: in_force

When term bonds have been issued the net revenue derived from the operation of such systems shall be set apart by the said board to pay the interest on the bonds so issued or to be issued, and to create a sinking fund to redeem the principal thereof at maturity. The board of supervisors is hereby authorized and empowered to apply any part or all of said sinking fund to the payment, if redeemable by their terms, or to the purchase of any such bonds, at any time, and all bonds so paid off or purchased by the board of supervisors shall be immediately cancelled, and shall not be reissued. The board of supervisors is authorized and empowered to invest all accumulations of money to the credit of the sinking fund in bonds of the United States, of the Commonwealth of Virginia, or of any county, city or town of the Commonwealth of Virginia, or to lend out, upon real estate security, the loan not to exceed fifty per centum of the assessed value of such real estate, or deposit in bank at interest, all accumulations of money to the credit of the sinking fund and to collect and reinvest the same and the interest accruing thereon from time to time, so often as is necessary or expedient, until the bonds become subject to call; provided that no money to the credit of the sinking fund shall be loaned out or deposited or invested by the board of supervisors unless such loan, deposit or investment is first approved by the circuit court of the county, or the judge in vacation, and the form of the security be examined and approved by the attorney for the Commonwealth of the county, which approval shall be entered of record in the order book of the court.

The treasurer shall not be liable for any funds herein provided for that are lost while on deposit made by order of the board of supervisors with any bank or banks, or when invested in any real estate security as provided herein, but the board of supervisors may require of any such bank a bond, with corporate or other surety, to secure such deposit, or may require a pledge of securities to secure such deposits as provided in §§ 58.1-3158 and 2.2-4400 .

The board of supervisors shall, if necessary for the payment of interest on the bonds or to increase the sinking fund provided for hereunder, levy an annual tax upon all property in such sanitary district subject to local taxation to pay such interest and to make payments into such sinking fund. For the purposes of this section and § 21-137.2 , the words "serial bonds" and "term bonds" shall have the respective meanings customarily given them in the municipal bond market. A finding made by the board of supervisors that an issue of bonds comprises term bonds or serial bonds, or that specified portions thereof comprise term bonds or serial bonds, as the case may be, shall be conclusive for all purposes of this section and § 21-137.2 .

1972, c. 236.
Va. Code Ann. § 21-112.22 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-112.22
Definitions
Status: in_force

Whenever the words "circuit court" are used in this chapter, they shall also be construed to mean "circuit or corporation court" of a city; whenever the word "county" appears in this chapter, it shall also be construed to mean "city," and whenever the words "governing body of a county" shall appear, they shall also be construed to mean "city council."

1964, c. 525.
Va. Code Ann. § 21-206 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-206
Power of county or city electing to set up separate district
Status: in_force

Any county or city which elects to construct and operate therefor a separate sewage disposal system in accordance with the provisions of § 21-204 and the governing body thereof, for the purpose of constructing, financing and operating such sewage disposal system, shall be vested with all the rights and powers and charged with all the duties otherwise vested in and imposed upon the commission with reference to such county or city, including the power to issue its bonds, construct and operate the sewage disposal system, and fix, charge and collect fees, rents and charges for the use of such sewage disposal system.

1940, p. 620; 1942, p. 602; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-287 — Virginia Code / Title 21 / Chapter 4 / Article 7 / Section 21-287
Discharge into waters of matter causing pollution
Status: in_force

No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly into any waters of the district any sewage, industrial wastes or other refuse which may or will cause or contribute to pollution of any waters of the district, provided, that this provision shall be applicable only to such part or parts of the waters of a district as shall be bounded and described in a notice, published in a newspaper or newspapers having, in the aggregate, general circulation in all of the counties and cities within which or bordering upon which such part or parts of the waters of the district are located, to the effect that the commission has provided facilities reasonably sufficient in its opinion for the disposal of sewage, which by discharge from public sewer systems might cause or contribute to pollution of the bounded and described part or parts of such waters, and that pollution of the same is forbidden by law. Such a notice shall constitute prima facie evidence of the existence of facilities sufficient for the disposal of such sewage. The provisions of this section shall not prohibit the disposal of sewage and industrial wastes in the manner in which the same is now being disposed of, or in any other reasonable manner, by any county, city or town, no part of which constitutes a part of any district, or by any person in any such county, city or town, no part of which constitutes a part of any district.

1946, p. 363; Michie Suppl. 1946, § 1560iii22.
Va. Code Ann. § 21-238 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-238
Officers of commission
Status: in_force

The commission, at its organization meeting and thereafter at its first meeting in each calendar year, shall elect one of the members of the commission, chairman thereof. The commission under such rules as it may adopt, may elect one of its members vice-chairman, and may appoint a secretary, or secretary-treasurer, who shall not be a member of the commission; in the event that the commission appoints a secretary-treasurer, his compensation shall be fixed by the commission.

1946, p. 350; Michie Suppl. 1946, § 1560iii4.
Va. Code Ann. § 21-122.1 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-122.1
Bonds for special purpose; no election required
Status: in_force

The governing body of any county in which a sanitary district has been or may be created by general or special law shall have the power to issue bonds to satisfy improvements to water or sewerage systems mandated by the State Water Control Board, pursuant to the Federal Water Pollution Control Act, as amended (P.L. 92-500).

The principal and interest on bonds issued under this section shall be paid by the governing body exclusively from revenues and receipts from the water or sewerage system which is to be improved.

For the purposes of this section, the term "mandated" shall also mean any agreement between a governing body and the State Water Control Board to come into compliance with the requirements of the State Water Control Law.

Issuance of such bonds shall be subject to the conditions or limitations of this article; however, no bond referendum shall be required for bonds to be issued pursuant to this section. The sections of this article pertaining to election requirements and procedures shall not be applicable where bonds are to be issued for the purposes set forth herein. In addition, the provisions of §§ 21-137.2 and 21-138 , authorizing an annual tax to be levied upon all the property in the district in order to pay the principal and interest due on the bonds, shall not be applicable to bonds issued under this section.

All bonds issued under the provisions of this section shall contain a statement on their face substantially to the effect that neither the faith and credit of the Commonwealth nor the faith and credit of any county, city, town or other subdivision of the Commonwealth are pledged to the payment of the principal of or the interest on such bonds. The issuance of revenue bonds under the provisions of this section shall not directly or indirectly or contingently obligate the Commonwealth or any county, city, town or other subdivision of the Commonwealth to levy any taxes whatever therefor or to make any appropriation for their payment except from the funds pledged under the provisions of this section.

1986, c. 340.
Va. Code Ann. § 21-291.1 — Virginia Code / Title 21 / Chapter 5 / Section 21-291.1
Repealed
Status: repealed

Repealed by Acts 1987, c. 57.
Va. Code Ann. § 21-162 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-162
Suspension or removal of members of commission
Status: in_force

Members of the commission may be suspended or removed by the Governor at his pleasure.

1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.
Va. Code Ann. § 21-401 — Virginia Code / Title 21 / Chapter 6 / Section 21-401
Exemption of bonds from taxation
Status: in_force

The bonds and coupons issued under and by authority of this and other sections of this chapter shall be exempt from all county or municipal taxation or assessment, direct or indirect, general or special, whether imposed for purposes of general revenue or otherwise, and the interest thereon shall not be subject to taxation as for income, nor shall such bonds and coupons be subject for taxation when constituting a part of the surplus of any bank, trust company, or other corporation, but when constituting a part of such surplus shall be deducted from the total assets in order to ascertain the taxable value of such shares.

Code 1919, § 1774; 1920, p. 613; 1926, p. 624.
Va. Code Ann. § 21-419 — Virginia Code / Title 21 / Chapter 6 / Section 21-419
Preparation of assessment rolls when additional assessments made
Status: in_force

In the event new or additional assessments are levied pursuant to the provisions of the two preceding sections, such rolls shall be prepared and such assessments shall be levied in all respects as provided by the provisions of this chapter for the preparation of the original rolls and levy of the original assessments.

1934, p. 5; Michie Code 1942, § 1777a.
Va. Code Ann. § 21-390 — Virginia Code / Title 21 / Chapter 6 / Section 21-390
Law governing sales
Status: in_force

Sales of lands for delinquent assessments may be made either under the law which was in force at the time of the creation of the drainage district, or under that in force at the time of sale, as may be deemed by the county treasurer more effectual for the enforcement of the assessments and the protection of the interest of the holders of bonds predicated thereon. Any sales of lands heretofore made under either of such laws are declared valid and effectual.

1927, p. 16; Michie Code 1942, § 1771a.
Va. Code Ann. § 21-413 — Virginia Code / Title 21 / Chapter 6 / Section 21-413
Maturity, interest and registration of refunding bonds
Status: in_force

The refunding bonds so authorized shall mature at one time or in installments, not more than forty years from their date, shall bear interest at not to exceed six percent per annum, may be made callable on any interest payment date and may be made registerable as to principal, all as provided in the resolution of the board of viewers authorizing the issuance thereof.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.
Va. Code Ann. § 21-314 — Virginia Code / Title 21 / Chapter 6 / Section 21-314
Notice of consideration of preliminary report
Status: in_force

After the petition is entertained by the court, notice shall be given to all interested landowners or their representatives in writing mailed to their last known address and by publication in two consecutive issues of any daily or weekly newspaper published in any city, town or village situated within the original geographical bounds of the county or counties in which the proposed district is located, if such there be, otherwise in any daily or weekly newspaper designated by the court or the judge thereof, and also by posting a written or printed notice at the door of the courthouse, that on the date set, naming the day, the court will consider and pass upon the preliminary report of the board of viewers. At least five days shall intervene between the date of the second publication and the posting of the notices and the date set for the hearing.

Code 1919, § 1745; 1926, p. 610; 1954, c. 642.
Va. Code Ann. § 21-316 — Virginia Code / Title 21 / Chapter 6 / Section 21-316
Exclusion of land not affected by drainage
Status: in_force

If it appears that there is any land within the proposed levee or drainage district that will not be affected by the leveeing or drainage thereof, such lands shall be excluded and the names of the owners withdrawn from such proceeding.

Code 1919, § 1746.
Va. Code Ann. § 21-215 — Virginia Code / Title 21 / Chapter 3 / Article 7 / Section 21-215
Payments by county, city or town
Status: in_force

Each county, city, town or other public body shall promptly pay to any commission all fees, rents and charges which the commission may charge to it as owner or lessee or tenant of real estate in accordance with § 21-180 , and shall provide for the payment thereof in the same manner as other obligations of such county, city, town or public body.

1938, p. 527; Michie Code 1942, § 1560bbb.
Va. Code Ann. § 21-383 — Virginia Code / Title 21 / Chapter 6 / Section 21-383
Who may redeem
Status: in_force

The owner of the lands so sold or any person having an estate therein or having a lien thereon may redeem the same in the manner provided by law; and if the board of viewers shall have been the purchaser of the lands, the amount paid in redemption shall include the sum bid therefor plus the penalty.

Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
Va. Code Ann. § 21-367 — Virginia Code / Title 21 / Chapter 6 / Section 21-367
Preparation and contents of drainage tax lists
Status: in_force

The board of viewers, with the assistance of the engineer, shall immediately prepare, in duplicate, the assessment rolls, or drainage tax lists, giving thereon the name of the owners of land in the district, so far as can be ascertained from the public records, or, if necessary, from the survey made by the drainage engineer a brief description of the several tracts of land assessed, and the amount of the assessment against each tract of land.

Code 1919, § 1771; 1920, p. 611; 1924, p. 711; 1926, p. 619; 1936, p. 1034; 1954, c. 642.
Va. Code Ann. § 21-347 — Virginia Code / Title 21 / Chapter 6 / Section 21-347
Board of viewers to operate, manage and administer project
Status: in_force

After the drainage project shall have been declared finally established and the survey and plans therefor approved, the board of viewers for such drainage project shall have full authority to operate, manage and administer the affairs of such drainage project as is provided in this chapter.

Code 1919, § 1759; 1926, p. 615; 1954, c. 642.
Va. Code Ann. § 21-243 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-243
Oath and bond of members
Status: in_force

Each member of the commission shall, before entering upon the discharge of his duties under this chapter, take and subscribe the oath of office required by Article II, Section 7 of the Constitution of Virginia, and give bond payable to the Commonwealth of Virginia in form approved by the Attorney General, in such penalty as shall be fixed from time to time by the State Health Commissioner, with some surety or guaranty company duly authorized to do business in Virginia and approved by the State Health Commissioner, as security, conditioned upon the faithful discharge of his duties. The premium of such bonds shall be paid by the commission and the bonds shall be filed with and preserved by the Comptroller.

1946, p. 351; Michie Suppl. 1946, § 1560iii4; 1971, Ex. Sess., c. 1.
Va. Code Ann. § 21-236 — Virginia Code / Title 21 / Chapter 4 / Article 2 / Section 21-236
Governing bodies may adopt resolutions
Status: in_force

The governing body of each city and county and town is authorized, in its discretion, to adopt resolutions, as above referred to, approving and joining in the prayer of petitions for the creation of a proposed sanitation district.

1946, p. 350; Michie Suppl. 1946, § 1560iii3.
Va. Code Ann. § 21-161 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-161
Quorum
Status: in_force

Three members of the commission shall constitute a quorum, and the vote of three members of the commission shall be necessary to take any action.

1938, p. 514; 1942, p. 601; Michie Code 1942, § 1560kk; 1944, p. 73; 1946, p. 529.
Va. Code Ann. § 21-338 — Virginia Code / Title 21 / Chapter 6 / Section 21-338
Duty of viewers to review report and make changes
Status: in_force

At the date set for the hearing any landowner may appear in person or by counsel and file his objection in writing to the final report of the board of viewers, and it shall be the duty of said board of viewers to carefully review the objections filed thereto and to make such changes as it deems necessary to render substantial and equal justice to all the landowners in the district. If there be no objections made, or if any objections made are satisfactorily adjusted, the board of viewers shall certify such fact to the court.

Code 1919, § 1756; 1926, p. 613; 1954, c. 642.
Va. Code Ann. § 21-318 — Virginia Code / Title 21 / Chapter 6 / Section 21-318
Determining efficiency of drainage; changes
Status: in_force

The efficiency of the drainage or levee shall also be determined, and if it appears that the location of any levee or drain can be changed so as to make it more effective, or that other branches or spurs should be constructed, or that any branch or spur projected may be eliminated, or other changes made that will tend to increase the benefits of the proposed work, such modification and changes shall be made by the court.

Code 1919, § 1746.
Va. Code Ann. § 21-210 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-210
Disposal system to be erected by separate district
Status: in_force

Any county or city which elects to construct and operate therein a separate sewage disposal system in accordance with the foregoing provisions of § 21-203 shall, within the period hereinafter limited for the construction of such sewage disposal system, construct and provide and have in operation in such county or city a sewage disposal system sufficient in the opinion of the State Health Commissioner to prevent the pollution of any and all tidal waters of the district, and any and all tidal waters within the county or city, from industrial wastes and sewage arising in or discharged from the county or city; and the commission is authorized and empowered to proceed by appropriate court action to require the county or city and the governing body thereof to provide therein such required sewage disposal system. From and after the expiration of such period, no such county or city nor any public body or person therein shall discharge or suffer to be discharged directly or indirectly into any tidal waters of the district, or tidal waters in such county or city, any sewage, industrial wastes or other refuse which may or will cause or contribute to pollution of any such tidal waters; this provision shall be enforceable in the manner provided for by § 21-220 . The period for the construction of such sewage disposal system, as hereinabove referred to, shall be three years from the creation of the district and such further period of time, not exceeding an additional two years, as the commission, upon application of the governing body of the county or city and after public hearing which shall be held by the commission upon such public notice as the commission may determine to be reasonable, may find to be necessary for completion of such construction by reason of causes which shall not be or have been within the control of such county or city or the governing body thereof.

1940, p. 621; 1942, p. 603; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-241 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-241
Quorum
Status: in_force

Four members of the commission shall constitute a quorum, and the vote of four members of the commission shall be necessary to take any action.

1946, p. 351; Michie Suppl. 1946, § 1560iii4.
Va. Code Ann. § 21-427 — Virginia Code / Title 21 / Chapter 7 / Section 21-427
Public facilities district law for certain counties
Status: in_force

Chapter 93 of the Acts of 1946, as amended by Chapter 363 of Acts 1952, relating to public facilities district law applicable in counties having a population of between 500 and 1,000 inhabitants per square mile and a land area of between thirty and seventy square miles, or of any county having a land area of between thirty and eighty-five square miles, is continued in effect.
Va. Code Ann. § 21-124 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-124
Conduct of election; canvass of returns, etc
Status: in_force

The election shall be conducted in the manner prescribed by law for the conduct of regular elections, and the ballots shall be printed and voted, and the returns made and canvassed and the results certified, in accordance with the provisions of § 24.2-684 .

1946, p. 181; Michie Suppl. 1946, § 1560z3.
Va. Code Ann. § 21-354 — Virginia Code / Title 21 / Chapter 6 / Section 21-354
Basis of contract; inspection
Status: in_force

The contract shall be based on the plans and specifications submitted by the board of viewers in their final report as confirmed by the court, the original of which shall remain on file in the office of the clerk of the county in which the petition for the district was filed and shall be open to the inspection of all prospective bidders.

Code 1919, § 1761; 1926, p. 617.
Va. Code Ann. § 21-204 — Virginia Code / Title 21 / Chapter 3 / Article 6 / Section 21-204
Right to withdraw and set up separate district
Status: in_force

If after the giving of such notice and within one year after the creation of the district such county or city shall have taken all proceedings and performed all acts necessary for the authorization of the construction, financing and operation by or for it of a separate sewage disposal system, sufficient in the opinion of the State Health Commissioner to prevent the pollution of any of the tidal waters of the district from industrial wastes and sewage arising in or discharged from the county or city, then such county or city shall be entitled to withdraw from the district and shall thereafter cease to be a part of the district for all purposes of this chapter.

1940, p. 620; 1942, p. 602; Michie Code 1942, § 1560kk1.
Va. Code Ann. § 21-183 — Virginia Code / Title 21 / Chapter 3 / Article 4 / Section 21-183
Time and place of payment
Status: in_force

The commission shall likewise fix and determine the time or times when and the place or places where such fees, rents and charges shall be due and payable and may require that such fees, rents and charges shall be paid in advance for periods of not more than six months.

A copy of the schedules of all fees, rents and charges in effect shall at all times be kept on file at the principal office of the commission, and such schedules shall at all reasonable times be open to public inspection.

1938, p. 518; 1940, p. 622; Michie Code 1942, § 1560nn.
Va. Code Ann. § 21-424 — Virginia Code / Title 21 / Chapter 6 / Section 21-424
Defects in the proceedings; construction of chapter
Status: in_force

The provisions of this chapter shall be liberally construed to promote the leveeing, ditching, draining, and reclamation of wet and overflowed lands. The collection of the assessment shall not be defeated where the proper notices have been given by reason of any defect in the proceedings occurring prior to the order of the court confirming the final report of the board of viewers; but such order or orders shall be conclusive and final that all prior proceedings were regular and according to law, unless they were appealed from. If, on appeal, the court shall deem it just and proper to release any person or to modify his assessment or liability, it shall in no manner affect the rights and liabilities of any person other than the appellant, and the failure to perfect an appeal within sixty days from the order of the court finally establishing the project shall be a waiver of any illegality in the proceedings, and the remedies provided for in this chapter shall exclude all other remedies.

Proceedings under this chapter shall have precedence over all others excepting writs of habeas corpus, prohibition, and mandamus and shall be heard at the time set for a hearing by the court or the judge thereof in vacation with the least possible delay. The widest latitude shall be allowed by the court to hasten urgent cases, where evidence is available to prove the serious consequences resulting from the flooding of the cultivated lands for which relief is asked.

Code 1919, § 1779; 1926, p. 627; 1954, c. 642.
Va. Code Ann. § 21-303 — Virginia Code / Title 21 / Chapter 6 / Section 21-303
Withdrawal of persons signing petition
Status: in_force

If during the proceedings, before or after the filing of the petition, any of the petitioners withdraw from the petition so as to render the number of petitioners whose signatures remain upon the petition insufficient according to § 21-295 , and sufficient additional signatures to the petition of the same or other landowners, whose lands will be affected, are not obtained before the next succeeding term, the court shall dismiss the petition at the cost and expense of those who withdraw from the petition, including an engineer's and an attorney's fee for counseling the petitioners, and shall apportion all of the costs and expenses theretofore accrued among those who withdrew at a flat rate per acre, according to the acreage owned by each within the bounds of the proposed drainage district, as indicated in the petition, or otherwise, and judgment shall be entered against those who withdrew and shall be docketed in the judgment docket of the court of the county in which the petition was filed by the clerk thereof if not paid within thirty days from the entry of the order. Ten days' notice, however, shall be given by the clerk to each person affected thereby, of such order of the court.

Code 1919, § 1738; 1926, p. 607.
Va. Code Ann. § 21-135 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-135
Insolvency of depository
Status: in_force

The treasurer shall not be liable for any deposits which shall be lost by reason of the insolvency or failure of any bank in which he shall have been directed by the governing body to deposit them.

1946, p. 183; Michie Suppl. 1946, § 1560z6.
Va. Code Ann. § 21-187 — Virginia Code / Title 21 / Chapter 3 / Article 4 / Section 21-187
Actions for collection
Status: in_force

The commission shall have the right to recover the amount of any fees, rents or other charges charged by the commission to the owner or lessee or tenant or contracting party, as set forth in § 21-180 , for the use and services of the sewage disposal system by or in connection with such real estate and of the interest which may accrue thereon, by any action, suit or proceeding permitted by law or in equity.

1938, p. 525; 1940, p. 624; Michie Code 1942, § 1560zz.
Va. Code Ann. § 21-197 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-197
No personal liability
Status: in_force

Neither the members of the commission, nor any person executing any bonds or temporary bonds shall be liable personally on the bonds or temporary bonds or be subject to any personal liability or accountability by reason of the issuance thereof.

1938, p. 521; 1942, p. 606; Michie Code 1942, § 1560oo.
Va. Code Ann. § 21-426 — Virginia Code / Title 21 / Chapter 6 / Section 21-426
Appropriation of county funds
Status: in_force

The governing body of any county in which is located in whole or in part any legally established drainage project may, in its discretion, appropriate and pay out of the funds of such county accruing from the general county levy, to such drainage project, such sum of money as it may deem proper, for application on the bonded or other indebtedness or for any other legitimate purpose of such drainage project. The board of viewers of any such drainage project in such county may accept and receive any and all moneys so appropriated and use the same, in their discretion, for any of the purposes hereinabove mentioned.

In lieu of such appropriation, the governing body of any such county may appropriate and pay out of the funds of such county accruing from the general county levy to the holders of any bonds, notes or other obligations of any legally established drainage project located in whole or in part in such county, such sum of money as the governing body may deem proper for the acquisition and purchase for and on behalf of the county, of all or any of such bonds, notes and other obligations; and the governing body of any such county may also invest moneys, or any part thereof, credited to any sinking fund of the county or of any project thereof, in, and with such moneys to purchase for any such sinking fund, bonds, notes and other obligations of any such legally established drainage project located in whole or in part in such county, provided no such moneys shall be invested in any such bonds, notes or other obligations issued prior to January 1, 1928. The governing body of any such county may, in consideration of additional levies or assessments heretofore or hereafter made against the real estate located in such drainage project, release any or all of such real estate from the lien or liens of any or all drainage taxes heretofore or hereafter assessed against such real estate, provided that the drainage bonds of such project or projects are owned and held solely by any such county.

1938, p. 795; 1940, p. 625; 1942, p. 697; Michie Code 1942, § 2734b; 1954, c. 642.
Va. Code Ann. § 21-116 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-116
Enlargement of sanitary districts
Status: in_force

The governing body of a county, upon the petition of 25 percent of the qualified voters, if any, residing within the limits of the territory proposed to be added, may, by ordinance, extend the boundaries and enlarge any sanitary district created under the provisions of this article, which ordinance shall prescribe the metes and bounds of the territory so added.

Upon the filing of the petition a hearing shall be had as provided in §§ 21-114 and 21-115 , and the notice of such hearing may require all interested persons to appear and show cause why any special tax levied or to be levied in the sanitary district for special sanitary district purposes may not be likewise levied and collected in the territory proposed to be added to such district, and to appear and show cause why the net operating revenue derived in the added territory from the operation of any system or systems established under the provisions of § 21-118 may not be set apart to pay the interest on and retire at maturity the principal of any bonds theretofore issued in connection with such system or systems. Nothing in such ordinance enlarging a sanitary district as provided herein shall be construed to limit or adversely affect the rights and interests of any holder of bonds issued by the district, and such ordinance shall expressly preserve and protect such rights and interests. All interested persons who reside in or who own real property in (i) a proposed district or (ii) an existing district in cases of enlargement shall have the right to appear and show cause why the property under consideration should or should not be included in the proposed district or enlargement of same at such hearing.

1947, p. 136; Michie Suppl. 1948, § 1560s4; 1964, c. 517; 1985, c. 104; 2017, c. 14 .
Va. Code Ann. § 21-179 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-179
Accounts and records
Status: in_force

Every commission shall keep and preserve complete and accurate accounts and records of all moneys received and disbursed by it and of all of its business and operations and of all property and funds owned or managed by it or under its control, and shall prepare and transmit to the Governor and to the governing body of each city, county and town which is in whole or in part embraced within the district, annually and at such other times as the Governor shall require, complete and accurate reports as to the state and content of such accounts and records, together with such information with respect thereto as the Governor may require.

1938, p. 524; 1940, p. 624; Michie Code 1942, § 1560xx.
Va. Code Ann. § 21-391 — Virginia Code / Title 21 / Chapter 6 / Section 21-391
Notice of redemption
Status: in_force

In any case where such sales have heretofore been made, or shall hereafter be made, and the purchaser of such lands desires a deed therefor, the treasurer shall give notice to all persons, who immediately prior to the sale were record owners of the lands, by publication once a week, for four successive weeks, in a newspaper of general circulation in the county where the lands are situated, in which publication the record owners shall be named, informing the owners that they may, within four months after the first publication of the notice, redeem the lands by paying the full amount of all assessments due for the year or years for which the lands were delinquent at the time of sale, together with the full amount of any assessments which may have become due upon the lands before their redemption hereunder, and together with all interest and penalties due upon the several amounts of such assessments.

1927, p. 16; Michie Code 1942, § 1771a.
Va. Code Ann. § 21-428 — Virginia Code / Title 21 / Chapter 8 / Section 21-428
Right to drain land through lands of others
Status: in_force

Any person desiring to drain his lands through the lands of others may apply to the circuit court of the county or corporation court of the city in which the whole or a part of the last mentioned lands lie, for the appointment of commissioners to ascertain and report upon the propriety of granting such application and the damages that may be sustained by the party or parties through whose lands the drain is proposed to be run. Notice of such application shall be given to the proprietors of the lands through which such drain is to be run in the manner prescribed by Article 2 (§§ 25.1-205 et seq.) of Chapter 2 of Title 25.1.

Code 1919, § 5293.
Va. Code Ann. § 21-116.1 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-116.1
Alteration of boundaries or reduction of area of sanitary districts in certain counties
Status: in_force

Chapter 549 of the Acts of 1950, as amended by Acts 1952, c. 202, relating to alteration of boundaries or reduction of area of sanitary districts in any county adjoining a county having a population in excess of 2,000 per square mile, is incorporated in this Code by this reference.

1950, c. 549; 1952, c. 202.
Va. Code Ann. § 21-262 — Virginia Code / Title 21 / Chapter 4 / Article 4 / Section 21-262
Schedule
Status: in_force

The commission shall prescribe and from time to time when necessary revise a schedule of such fees, rents and charges which shall comply with the terms of any contract of the commission with the holders of bonds of the commission made pursuant to §§ 21-269 to 21-275 and in any event shall be such that the revenues of the commission will at all times be adequate to pay all expenses of operation and maintenance of the sewage disposal system of the commission, necessary to preserve the system and to assure its operation as a going concern, including reserves, insurance, extensions, and replacements, and to pay punctually the principal of and interest on any bonds or other indebtedness of the commission and to maintain adequate reserves or sinking funds therefor. The schedule shall be so prescribed and from time to time revised by the commission after public hearing which shall be held by the commission upon such public notice as the commission may determine to be reasonable.

1946, p. 354; Michie Suppl. 1946, § 1560iii7.
Va. Code Ann. § 21-247 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-247
County, city or town not liable for act of commission
Status: in_force

No pecuniary liability of any kind shall be imposed upon any county, city or town constituting any part of any district because of any act, agreement, contract, tort, malfeasance, misfeasance, or nonfeasance, by or on the part of the commission of such district, or any member of such commission, or its agents, servants and employees, except as otherwise provided in this chapter with reference to contracts and agreements between the commission and any such county, city or town.

1946, p. 352; Michie Suppl. 1946, § 1560iii4.
Va. Code Ann. § 21-385 — Virginia Code / Title 21 / Chapter 6 / Section 21-385
Effect when board of viewers acquires land at sale
Status: in_force

The board of viewers, after acquiring a deed for such lands, may hold the same as an asset of the project of which the lands are a part, and shall be liable for the payment of all drainage assessments and state and county taxes accruing after the sale at which the district was a bidder, and in all respects be deemed the owner of the lands and subject to the same privileges and liabilities as any other landowner, including the right to convey the lands for a consideration and pay the proceeds of the sale to the county treasurer for the credit of the district, of which such lands are a part, which may be distributed by the board of viewers for the benefit of the district in the same manner as other district funds.

Code 1919, § 1771; 1926, p. 621; 1936, p. 1036; 1954, c. 642.
Va. Code Ann. § 21-224 — Virginia Code / Title 21 / Chapter 4 / Article 1 / Section 21-224
Short title
Status: in_force

This chapter may be known, designated and cited as the "Sanitation Districts Law of Nineteen Hundred and Forty-Six."

1946, p. 346; Michie Suppl. 1946, § 1560iii1.
Va. Code Ann. § 21-427.1 — Virginia Code / Title 21 / Chapter 7 / Section 21-427.1
City public facilities district law
Status: in_force

Chapter 414 of the Acts of 1956, relating to public facilities district law applicable to cities having a population of more than 50,000 but less than 61,000 and a land area of less than seventy square miles but more than fifty square miles, is incorporated in this Code by this reference.
Va. Code Ann. § 21-310 — Virginia Code / Title 21 / Chapter 6 / Section 21-310
Guardian ad litem for infants and incapacitated adults
Status: in_force

These proceedings shall not be stayed because of infancy or incapacity; but the court in which the petition was filed shall appoint some discreet and competent attorney at law as guardian ad litem to any infant or incapacitated person who may own or be interested in any of the land affected by these proceedings, whether such persons have been served with process or not. If no such attorney is found willing to act, the court shall appoint some other discreet and proper person as guardian ad litem, but the person so appointed shall not be liable to costs. Every guardian ad litem shall faithfully represent the interest or estate of the infant or incapacitated person for whom he is appointed, and it shall be the duty of the court to see that the estate of such defendant is so represented and protected. Wherever the court is of opinion that the interests of any infant or incapacitated person require, it shall remove any guardian ad litem and appoint another in his stead.

Code 1919, § 1741; 1997, c. 801 .
Va. Code Ann. § 21-142 — Virginia Code / Title 21 / Chapter 3 / Article 1 / Section 21-142
Definitions
Status: in_force

Whenever used or referred to in this chapter, unless a different meaning clearly appears from the context:

(1) The term "district" means a sanitation district created and existing pursuant to §§ 21-145 to 21-153 or heretofore or hereafter created by a special act of the General Assembly for the purpose of taking advantage of the provisions of this chapter;

(2) The term "commission," except where the context requires reference to the board or commission mentioned and provided for in § 21-157 , means the body corporate and politic comprising a district and its inhabitants created and existing pursuant to § 21-154 ;

(3) The term "chairman" means the chairman of a commission;

(4) The term "sewage disposal system" or "facilities," used in relation to a commission, means the sewers, conduits, pipelines pumping and ventilating stations, treatment plants and works, and other plants, structures, boats, conveyances and other real and personal property operated by the commission for the purposes of the commission;

(5) The term "tidal waters of the district" means the waters within the district affected by the ebb and flow of the tide and also, in the event that the commission shall, pursuant to § 21-216 , enter into any contract or agreement with any county, city or town in whole or in part outside of the district, and for so long as such contract or agreement shall remain in force, the waters within such county, city or town, which are affected by the ebb and flow of the tide, and the waters within one mile of such county, city or town which are affected by the ebb and flow of the tide are not included within the boundaries of any other county, city or town, or within the boundaries of any other sanitation district;

(6) The term "industrial wastes" means liquid or other wastes resulting from any processes of industry, manufacture, trade or business or from the development of any natural resource;

(7) The term "sewage" means the water-carried wastes created in and carried, or to be carried, away from residences, hotels, schools, hospitals, industrial establishments, commercial establishments or any other private or public building, together with such surface or ground water and industrial wastes as may be present;

(8) The term "pollution" means the condition of water resulting from any of the following acts:

(a) Unreasonably contaminating such water;

(b) Rendering such water unclean or impure;

(c) Rendering such water directly or indirectly injurious to public health, or unfit for public use;

(d) Rendering such water harmful for cattle, stock or other animals;

(e) Rendering such water deleterious to, or unfit for, fish or shellfish, or fish or shellfish propagation, or aquatic animals, or plant life in said water;

(f) Rendering such water unfit for commercial use;

(g) Rendering such water unclean or impure to such an extent that fish or shellfish taken therefrom are unfit for human consumption;

(9) The term "Governor" means the Governor of the Commonwealth of Virginia;

(10) The term "construct" includes construct, reconstruct, replace, improve and repair;

(11) The term "person" includes an individual, partnership, association, or corporation;

(12) The term "governing body" shall mean the board of supervisors, board of county commissioners, council or other local legislative body, board, commission, or other legislative authority having charge of the finances of any county, city or town;

(13) The term "town" means an incorporated town;

(14) The term "county" means a county exclusive of that portion thereof lying within the boundaries of an incorporated town.

1938, p. 510; 1942, p. 598; Michie Code 1942, § 1560ii.
Va. Code Ann. § 21-271 — Virginia Code / Title 21 / Chapter 4 / Article 5 / Section 21-271
Other matters determined by resolution
Status: in_force

All other matters relating to the issuing of such bonds, and all matters relating to the contracting of debt, borrowing of money and issuing of other bonds and obligations shall be determined by resolution of the commission.

1946, p. 356; Michie Suppl. 1946, § 1560iii8.
Va. Code Ann. § 21-198 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-198
Purchase by commission
Status: in_force

The commission is authorized, out of any funds available therefor, to purchase any bonds of the commission at a price not more than the redemption price thereof on the next succeeding redemption date or, if such bonds be not redeemable, the principal amount thereof, together with, in either case, interest accrued to the date of purchase.

1938, p. 521; 1942, p. 606; Michie Code 1942, § 1560oo.
Va. Code Ann. § 21-417 — Virginia Code / Title 21 / Chapter 6 / Section 21-417
Additional assessments to pay principal and interest on refunding bonds
Status: in_force

If the proceeds of the assessments levied for the payment of the original bonds shall at any time prove insufficient to pay principal of and interest on such refunding bonds, or if it shall at any time appear to the board of viewers that there is likelihood of the insufficiency of such assessments, the board shall provide for the levy and collection of additional assessments sufficient for such purpose and the holder or holders of refunding bonds issued hereunder shall have a right of action to compel such levy in the manner provided in this chapter.

1934, p. 4; Michie Code 1942, § 1777a; 1954, c. 642.
Va. Code Ann. § 21-250 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-250
Acquisition and use of pipes, sewers, plants, stations, etc
Status: in_force

Every commission is authorized and directed to acquire, in the name of the commission but for the cities, counties and towns in whole or in part embraced within the district, by purchase, gift, condemnation or otherwise, and, notwithstanding the provisions of any charter, ordinance or resolution of any county, city or town to the contrary, to construct, maintain, operate and use such trunk, intercepting and outlet sewers, conduits, pipelines, pumping and ventilating stations, treatment plants or works at such places, and such other plants, structures, boats and conveyances, as in the judgment of the commission will provide an effective and satisfactory method for promoting the purposes of the commission.

1946, p. 353; Michie Suppl. 1946, § 1560iii6.
Va. Code Ann. § 21-280 — Virginia Code / Title 21 / Chapter 4 / Article 5 / Section 21-280
Special remedies of bondholders
Status: in_force

(a) The provisions of this section shall be applicable to a series of bonds of a commission only if the resolution or resolutions authorizing such series of bonds shall provide in substance that the holders of the bonds of such series shall be entitled to all the benefits, and be subject to the provisions of this section.

(b) In the event that the commission shall default in the payment of the principal of or interest on any bonds of such series after the same shall become due, whether at maturity or upon call for redemption, and such default shall continue for a period of thirty days, or in the event that the commission shall fail or refuse to comply with the provisions of this chapter relating to or affecting the payment or security of such bonds or the collection of fees, rents or charges, or other revenues therefor, or shall fail or refuse to carry out and perform the terms of any contract with the holders of any of such bonds, and such failure or refusal shall continue for a period of thirty days after written notice of its existence and nature to the commission the holders of twenty-five per centum in aggregate principal amount of such bonds then outstanding, by instrument or instruments filed with the Governor of the Commonwealth of Virginia and proved or acknowledged in the same manner as a deed to be recorded, may appoint a trustee to represent the holders of all bonds of such series for the purposes herein provided.

(c) Such trustee may, and upon written request of the holders of twenty-five per centum in principal amount of the bonds of such series then outstanding shall, in his or its name:

(1) By mandamus or other suit, action or proceeding at law or in equity, enforce all rights of the holders of such bonds, including the right to require the commission to collect fees, rents and other charges adequate to carry out any agreement as to, or pledge of, such fees, rents or other charges, or the revenues therefrom, and to require the commission to carry out and perform the terms of any contract with the holders of such bonds or its duties under this chapter;

(2) Bring suit upon all or any part of such bonds;

(3) By action or suit in equity, require the commission to account as if it were the trustee of an express trust for the holders of such bonds;

(4) By action or suit in equity, enjoin any act or thing which may be unlawful or in violation of the rights of the holders of such bonds;

(5) Declare all such bonds due and payable, whether or not in advance of maturity, and, if all defaults shall be made good, then with the consent of the holders of twenty-five per centum of the principal amount of such bonds then outstanding, annul such declaration and its consequences, provided that before declaring such bonds due and payable, the trustee shall first give thirty days' notice in writing to the commission.

(d) If the resolution or resolutions authorizing such series of bonds shall contain the provision authorized by subsection (a) of this section and shall further provide in substance that any trustee appointed pursuant to this section shall have the powers provided by subsection (c) of this section, then such trustee, whether or not all of the bonds of such series shall have been declared due and payable, shall be entitled as of right to the appointment of a receiver, who may enter upon and take possession of any facilities or property operated by the commission any of the revenues from the operation of which are pledged for the security of such bonds, and operate and maintain the same and fix, charge, collect and receive all fees, rents and other charges and other revenues thereafter arising from such operation in the same manner as the commission itself might do, and shall deposit all moneys collected in a separate account and apply the same in accordance with the duties and contracts of the commission in such manner as the court appointing such receiver shall direct.

(e) In any suit, action or proceeding by such trustee, the fees, counsel fees and expenses of such trustee and of the receiver, if any, shall constitute taxable costs and disbursements, and all costs and disbursements, allowed by the court shall be a first charge upon any fees, rents and other charges, and revenues of the commission pledged for the payment or security of such bonds.

(f) Such trustee shall, in addition to the foregoing, have and possess all of the powers necessary or appropriate for the exercise of any functions specifically set forth herein or incident to the general representation of the holders of the bonds of such series in the enforcement and protection of their rights.

1946, p. 358; Michie Suppl. 1946, § 1560iii9.
Va. Code Ann. § 21-244 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-244
Repealed
Status: repealed

Repealed by Acts 1970, c. 463.
Va. Code Ann. § 21-422 — Virginia Code / Title 21 / Chapter 6 / Section 21-422
Contracts with United States as to refunding
Status: in_force

Any drainage project desiring to refund all or part of its outstanding bonds pursuant to the provisions of this section is authorized to enter into contracts and agreements with the United States government or with any subdivision or agency thereof for the purpose of securing the aid of the United States or such subdivision or agency of the United States, and to do all things and make all agreements reasonably required by the United States or by such subdivision or agency of the United States in order to accomplish such refunding.

1934, p. 5; Michie Code 1942, § 1777a; 1954, c. 642.
Va. Code Ann. § 21-397 — Virginia Code / Title 21 / Chapter 6 / Section 21-397
Interest and maturity of bonds
Status: in_force

The bonds shall bear not more than six per centum interest per annum payable semiannually, and shall be paid within thirty years, the first installment of principal shall mature at the expiration of three years from the date of issue.

Code 1919, § 1774; 1920, p. 612; 1926, p. 623.
Va. Code Ann. § 21-223 — Virginia Code / Title 21 / Chapter 3 / Article 8 / Section 21-223
Punishment of violations
Status: in_force

Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished accordingly.

1938, c. 530; Michie Code 1942, § 1560iii.
Va. Code Ann. § 21-257 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-257
Agents and employees of commission
Status: in_force

The commission is authorized to appoint a general manager for the district, prescribe his duties and fix his salary, such general manager to be responsible to the commission and to serve at its pleasure. The general manager shall appoint all other agents and employees of the commission, except as otherwise provided in § 21-238 , dismiss them, fix their salaries or remuneration within the limits authorized by the commission, assign their positions and titles, define their respective powers and duties, and require them, or any of them, to give bond payable to the Commonwealth of Virginia in such penalty as shall be fixed by the commission, conditioned upon the faithful discharge of their duties.

1946, p. 359; Michie Suppl. 1946, § 1560iii11.
Va. Code Ann. § 21-188 — Virginia Code / Title 21 / Chapter 3 / Article 4 / Section 21-188
Contracts for collection
Status: in_force

Any commission, and any county, city or town in whole or in part embraced within the district, are authorized to enter into a contract or contracts on such terms and conditions as such contract or contracts may contain, providing for the collection by such county, city or town and payment over to the commission of the fees, rents or other charges or to be charged by the commission to the owners or lessees or tenants of real estate within such county, city or town, or providing for the payment to the commission by such county, city or town of a sum or sums of money in lieu of all or part of the fees, rents and other charges which would otherwise be charged by the commission to the owners or lessees or tenants of real estate within such county, city or town. Such county, city or town is vested with powers to do everything necessary or proper to carry out and perform every such contract, including the same powers with respect to fees, rents and other charges as are conferred by this chapter upon a commission, and to provide for the payment or discharge of any obligation thereunder by the same means and in the same manner as any other of its obligations, except that no tax shall be levied on real estate for such obligation. The commission is authorized to reduce ratably in accordance with such contract the fees, rents and other charges which would otherwise be charged by the commission to the owners or lessees or tenants of real estate within such county, city or town, but nothing in this section or any such contract shall be construed to prevent the commission from charging to and collecting from such owners or lessees or tenants of such real estate, in the same manner as provided for such fees, rents and other charges, any deficiency in any payment agreed to be made by such county, city or town.

1938, p. 526; Michie Code 1942, § 1560aaa.
Va. Code Ann. § 21-217 — Virginia Code / Title 21 / Chapter 3 / Article 7 / Section 21-217
Powers conferred on counties, cities and towns in addition to other powers
Status: in_force

The powers conferred by this chapter on counties, cities and towns are in addition and supplemental to the powers conferred by any other law, and may be exercised by resolution of the governing bodies thereof without regard to the terms, conditions, requirements, restrictions or other provisions contained in any other law, general or special, or in any charter, except that where fees, rents and charges are fixed by a city or town, that power shall be exercised by ordinance.

1938, p. 527; Michie Code 1942, § 1560bbb.
Va. Code Ann. § 21-312 — Virginia Code / Title 21 / Chapter 6 / Section 21-312
Examination; preliminary report
Status: in_force

The board of viewers shall proceed, as soon as practicable, to examine the land described in the petition and other land if necessary, to locate properly such improvement or improvements as are petitioned for, along the route described in the petition, or any route answering the same purpose, if found more practicable or feasible, unless previously surveyed by United States or other engineer and may run levels such as may be necessary to determine the elevation of the several parts of the district, and shall make and return to the clerk of the court of the county, within sixty days, unless, either before or after the expiration of the period, the time shall be, for good cause shown, extended by the court, or the judge thereof in vacation, a written report, signed by the members of the board or by the majority, thereof, which shall in the case of drainage, set forth:

(a) Whether the proposed drainage is practicable or not;

(b) Whether it will benefit the public health or any public highway or be conducive to the general welfare of the community;

(c) Whether the improvement proposed will benefit the lands sought to be benefited;

(d) The character of the lands and their probable value after the proposed drainage has been completed;

(e) Whether or not all the lands that are benefited are included in the proposed drainage district; and naming the owners thereof and the approximate acreage of each which they estimate will be affected. They shall also file with this report a map of the proposed drainage district, showing the location of the ditch or ditches or other improvements to be constructed and the lands that will be affected thereby, and such other information as they may have collected that will tend to show the correctness of their findings.

Code 1919, § 1743; 1920, p. 607; 1926, p. 609.
Va. Code Ann. § 21-377 — Virginia Code / Title 21 / Chapter 6 / Section 21-377
Notice of sale of delinquent land
Status: in_force

If any assessment is delinquent for more than a year, the treasurer of the county within which the land assessed lies shall, after the expiration of such year, proceed to sell the land by having notice of such intended sale served on the record owner of the land, if he is a resident of this Commonwealth and his whereabouts herein is known, as process is served in actions at law, by publishing the notice of such sale in a newspaper published or having general circulation in his county, and by posting the notice at the courthouse door; such service, publication and posting shall be not less than seven days in advance of the date set for the sale. Such publication and posting shall be sufficient notice of the sale to all parties in interest except the owner resident in this Commonwealth. Such notice with the return thereon, if it is served, and the certificate of the treasurer setting forth the date and medium of publication shall be filed by the treasurer in his office.

Code 1919, § 1771; 1924, p. 712; 1926, p. 620; 1936, p. 1035; 2023, cc. 506 , 507 .
Va. Code Ann. § 21-235 — Virginia Code / Title 21 / Chapter 4 / Article 2 / Section 21-235
Approval of State Health Commissioner
Status: in_force

The State Health Commissioner is authorized, upon being satisfied that the creation of a proposed sanitation district will provide a practical means for abating or preventing the pollution of the waters of the proposed sanitation district, to approve, as above referred to, the creation of the proposed sanitation district.

1946, p. 349; Michie Suppl. 1946, § 1560iii3.
Va. Code Ann. § 21-407 — Virginia Code / Title 21 / Chapter 6 / Section 21-407
Impairment or destruction of work during construction
Status: in_force

If there shall be any impairment or destruction of the drainage work by any unforeseen cause or occurrence not anticipated during the period of construction by the contractor, the contractor shall nevertheless repair and complete the works according to the contract and specifications, and shall be liable therefor and also his sureties on his bond.

Code 1919, § 1776; 1926, p. 625.
Va. Code Ann. § 21-117 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-117
Merger of sanitary districts
Status: in_force

Any two or more sanitary districts heretofore or hereafter created in any county under the provisions of this article may be merged into a single district by the governing body of the county, by ordinance, upon the petition of not less than 50 qualified voters residing within the boundaries of each of the districts desiring to be so merged, which ordinance shall prescribe the metes and bounds and the name or other designation of the single district created by such merger. From and after the adoption of such ordinance, the governing body of such county shall, as to the single districts so created, have all the powers and duties, and be subject to all the conditions and limitations prescribed by § 21-118 , and all funds then on hand to the credit of each of the districts so merged shall be merged into a single fund for the use and benefit of the consolidated district, unless otherwise ordered by the governing body of the county upon the hearing next herein provided for.

Upon the filing of the petition, a hearing shall be had before the governing body of the county, after notice as provided by § 21-114 , which notice shall require all interested parties to appear and show cause, if any they can, (i) why the funds then on hand to the credit of each of the merged districts should not be merged into a single fund for the purpose above mentioned; and (ii) why a special tax should not be levied on all the property within the limits of the consolidated district, subject to local taxation, sufficient to pay the interest and create a sinking fund for payment of the principal at maturity of any then outstanding bonds theretofore issued by any one or more of the districts so merged.

Upon the hearing, such ordinance shall be adopted as to the governing body of the county may seem equitable and proper, concerning the combination of the funds on hand to the credit of each of the districts so merged and the levying of a special tax on all the taxable property within the limits of the consolidated district, for the purposes hereinabove mentioned, provided that such ordinance shall preserve and protect the rights of the holders of any such outstanding bonds, whose rights and interests shall not be limited or affected by any of the provisions of this section.

1942, p. 247; Michie Code 1942, § 1560s1; 2017, c. 14 .
Va. Code Ann. § 21-190 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-190
Election prior to issuance
Status: in_force

No bonds shall be issued by a commission, except to fund or refund bonds theretofore issued and thus to redeem a previous liability, unless the qualified voters of the district shall approve by a majority vote of the qualified voters voting in an election the issuance of the bonds. Whenever the commission shall determine by resolution that it is advisable to issue bonds for the purposes of the commission, such resolution shall be certified to the circuit court of a county or corporation court of a city in whole or in part embraced within the district and the court shall thereupon make an order requiring the opening of a poll and the taking of the sense of the qualified voters of the district in accordance with § 21-143 on the question of issuing the bonds in not exceeding the amount stated in such resolution. The question so submitted shall be "Do you favor the issuance of not exceeding $..… bonds of the..… sanitation district commission (inserting the amount of bonds stated in such resolution and the name of the commission)?" If upon the certification of the result of the election made by the Secretary of the Commonwealth to the court, it shall appear that a majority of the qualified voters of the district voting at the election shall have voted "yes" and in favor of the issuance of the bonds, the court shall make and enter of record an order stating such result and thereupon the commission shall have power in accordance with this article to issue bonds in not exceeding the amount stated in such resolution and, in anticipation of the issuance of such bonds, to borrow money on temporary loan and issue temporary bonds therefor.

1938, p. 519; 1942, p. 604; Michie Code 1942, § 1560oo.
Va. Code Ann. § 21-346 — Virginia Code / Title 21 / Chapter 6 / Section 21-346
Drainage record
Status: in_force

The clerk of the circuit court in which the petition is filed shall provide a suitable book to be known as the drainage record, in which he shall record every petition, motion, order, report, judgment or finding of the court in every drainage transaction that may come before it in such manner as to make a complete and continuous record of the case. Copies of all maps, profiles, minutes of meeting, receipts and other pertinent information are to be furnished by the board of viewers to the clerk of the circuit court and marked by the clerk "official copies," which shall be kept on file by him in his office, and one other copy shall be pasted or otherwise attached to his record book.

Code 1919, § 1758; 1954, c. 642.
Va. Code Ann. § 21-118 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-118
Powers and duties of governing body
Status: in_force

After the adoption of such ordinance creating a sanitary district in such county, the governing body thereof shall have the following powers and duties, subject to the conditions and limitations hereinafter prescribed:

1. To construct, maintain and operate water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary districts.

2. To acquire by gift, condemnation, purchase, lease, or otherwise, and to maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district and to acquire by gift, condemnation, purchase, lease, or otherwise, rights, title, interest, or easements therefor in and to real estate in such district; and to sell, lease as lessor, transfer or dispose of any part of any such property, real, personal or mixed, so acquired in such manner and upon such terms as the governing body of the district may determine to be in the best interests of the district; provided a public hearing is first held with respect to such disposition at which inhabitants of the district shall have an opportunity to be heard. At least seven days' notice of the time and place of such hearing and a brief description of the property to be disposed shall be published in a newspaper of general circulation in the district. Such public hearing may be adjourned from time to time.

3. To contract with any person, firm, corporation or municipality to construct, establish, maintain and operate any such water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks in such district.

4. To require owners or tenants of any property in the district to connect with any such system or systems, and to contract with the owners or tenants for such connections. The owners or tenants shall have the right of appeal to the circuit court or the judge thereof in vacation within 10 days from action by the governing body.

5. To fix and prescribe or change the rates of charge for the use of any such system or systems after a public hearing upon notice as provided in § 21-118.4 (d), and to provide for the collection of such charges. In fixing such rates the sanitary district may seek the advice of the State Corporation Commission.

6. To levy and collect an annual tax upon all the property in such sanitary district subject to local taxation to pay, either in whole or in part, the expenses and charges incident to constructing, maintaining and operating water supply, sewerage, garbage removal and disposal, heat, light, fire-fighting equipment and power and gas systems and sidewalks for the use and benefit of the public in such sanitary district. Any locality imposing a tax pursuant to this subdivision may base the tax on the full assessed value of the taxable property within the district, notwithstanding any special use value assessment of property within the sanitary district for land preservation pursuant to Article 4 (§ 58.1-3229 et seq.) of Chapter 32 of Title 58.1, provided the owner of such property has given written consent.

7. To employ and fix the compensation of any technical, clerical or other force and help which from time to time, in their judgment, may be deemed necessary for the construction, operation or maintenance of any such system or systems and sidewalks.

8. To negotiate and contract with any person, firm, corporation or municipality with regard to the connections of any such system or systems with any other system or systems now in operation or hereafter established, and with regard to any other matter necessary and proper for the construction or operation and maintenance of any such system within the sanitary district.

9. The governing body shall have the same power and authority for the abatement of nuisances in such sanitary district as is vested by law in councils of cities and towns for the abatement of nuisances therein, and it shall be the duty of the governing body to exercise such power when any such nuisance shall be shown to exist.

10. Proceedings for the acquisition of rights, title, interest or easements in and to real estate, by such sanitary districts in all cases in which they now have or may hereafter be given the right of eminent domain, may be instituted and conducted in the name of such sanitary district. If the property proposed to be condemned is:

a. For a waterworks system, the procedure shall be in the manner and under the restrictions prescribed by Chapter 19.1 (§ 15.2-1908 et seq.) of Title 15.2, and by Chapter 2 (§ 25.1-200 et seq.) of Title 25.1;

b. For the purpose of constructing water or sewer lines, the proceedings shall be instituted and conducted in accordance with the procedures prescribed either by Chapter 2 of Title 25.1 or in Chapter 3 (§ 25.1-300 et seq.) of Title 25.1; or

c. For the purpose of constructing water and sewage treatment plants and facilities and improvements reasonably necessary to the construction and operation thereof, the proceedings shall be instituted and conducted in accordance with the procedures provided for the condemnation of land in Chapter 3 of Title 25.1.

11. To appoint, employ and compensate out of the funds of the district as many persons as special policemen as may be deemed necessary to maintain order and enforce the criminal and police laws of the Commonwealth and of the county within such district. Such special policemen shall have, within such district and within one-half mile thereof, all of the powers vested in policemen appointed under the provisions of Article 1 (§ 15.2-1700 et seq.) of Chapter 17 of Title 15.2.

1930, p. 1002; 1934, p. 494; 1936, p. 463; 1938, p. 19; Michie Code 1942, § 1560a; 1952, c. 113; 1956, c. 588; 1960, c. 36; 1962, c. 497; 1976, cc. 585, 684; 1977, cc. 276, 516; 1981, c. 564; 2002, c. 194 ; 2003, c. 940 ; 2017, c. 14 ; 2023, cc. 506 , 507 .
Va. Code Ann. § 21-155 — Virginia Code / Title 21 / Chapter 3 / Article 3 / Section 21-155
Powers of commission
Status: in_force

Each commission, constituting a corporation is hereby invested with the rights, powers and authority and charged with the duties set forth in this chapter, and shall constitute a political subdivision of the Commonwealth established as a governmental instrumentality to provide for the public health and welfare.

1942, p. 600; Michie Code 1942, § 1560kk; 1944, p. 72; 1946, p. 528.
Va. Code Ann. § 21-387 — Virginia Code / Title 21 / Chapter 6 / Section 21-387
Deed to purchaser
Status: in_force

If no objection is made in any sale of land within thirty days after the date of sale, and the purchase price has been paid, the clerk of the circuit court of the county wherein the land lies shall convey to the purchaser the land sold by special warranty deed receiving therefor the fee provided by law for the conveyance of land sold for delinquent taxes.

Such conveyances shall be indefeasible to the same extent as a conveyance by a special commissioner acting under court appointment, and all persons having actual or constructive notice of the sale shall be precluded by such conveyance from thereafter objecting to the sale.

Code 1919, § 1771; 1924, p. 712; 1926, p. 622; 1936, p. 1037.
Va. Code Ann. § 21-361 — Virginia Code / Title 21 / Chapter 6 / Section 21-361
Assessment of benefits to railroads
Status: in_force

The board of viewers shall also assess the benefits that will accrue to the right-of-way of the company by affording better drainage or a better outlet for drainage, as provided in § 21-359 , in the case of highways; but no benefits shall be assessed because of the increase of business that may come to the road because of the construction of the improvement. The benefits shall be assessed as provided in § 21-334 , and it shall be reported by the board of viewers as an assessment, due from the railroad company; and unless the same is paid when due by the company as an assessment, it may be collected in the manner of an ordinary debt in any court having jurisdiction; but the board of viewers of each drainage project shall have the right to enter into contracts with any such railroad company looking to a further assessment by virtue of the benefits received under this chapter.

Code 1919, § 1766; 1926, p. 618; 1954, c. 642.
Va. Code Ann. § 21-193 — Virginia Code / Title 21 / Chapter 3 / Article 5 / Section 21-193
How sold
Status: in_force

Such bonds may be sold at public or private sale for such price or prices as the commission shall determine, provided the interest cost to maturity of the money received from any such bonds simultaneously sold shall not exceed an average of six per centum per annum.

1938, p. 519; 1942, p. 605; Michie Code 1942, § 1560oo.
Va. Code Ann. § 21-219 — Virginia Code / Title 21 / Chapter 3 / Article 8 / Section 21-219
Discharge of matter injurious to system
Status: in_force

No county, city, town or other public body, or person shall discharge, or suffer to be discharged, directly or indirectly, into the sewage disposal system or any other facilities of or provided by a commission, any matter or thing which is or may be injurious or deleterious to such sewage disposal system or other facilities.

1938, p. 528; Michie Code 1942, § 1560ccc.
Va. Code Ann. § 21-342 — Virginia Code / Title 21 / Chapter 6 / Section 21-342
Appeal
Status: in_force

Either party shall have a right to appeal from the judgment of the court as provided by Chapter 26 (§ 8.01-669 et seq.) of Title 8.01. Such appeal shall be perfected within sixty days from the entry of the order confirming the final report of the board of viewers.

Code 1919, § 1756; 1926, p. 614.
Va. Code Ann. § 21-284 — Virginia Code / Title 21 / Chapter 4 / Article 6 / Section 21-284
Payments by county, city or town
Status: in_force

Each county, city, town or other public body shall promptly pay to any commission all fees, rents and charges which the commission may charge to it as owner or lessee or tenant of real estate in accordance with § 21-260 and shall provide for the payment thereof in the same manner as other obligations of such county, city, town or public body.

1946, p. 362; Michie Suppl. 1946, § 1560iii21.
Va. Code Ann. § 21-121.1 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-121.1
Further validation of proceedings
Status: in_force

All proceedings had in the creation of sanitary districts in the Commonwealth prior to June 30, 1954, whether under general law or by special act, are validated and confirmed, and all such districts so created or attempted to be created, under existing general law or by special act, are declared to be validly created and established, notwithstanding any defects or irregularities in the creation thereof, including any curable unconstitutionality of a procedural character, such as failure of the act to correspond with title and such constitutional questions.

1950, p. 4; 1954, c. 68.
Va. Code Ann. § 21-370 — Virginia Code / Title 21 / Chapter 6 / Section 21-370
Application of surplus to reduce assessment for following year
Status: in_force

When the sum actually collected on any such assessment shall be more than sufficient to pay the principal and interest for the next succeeding year, a proper allowance for such surplus shall be made in the following assessment, and the percentage may be reduced accordingly.

Code 1919, § 1771; 1924, p. 711; 1926, p. 620; 1936, p. 1034.
Va. Code Ann. § 21-229 — Virginia Code / Title 21 / Chapter 4 / Article 2 / Section 21-229
Notice of hearing on petition for creation
Status: in_force

Upon the presentation of a petition complying with the requirements of this article, praying for the creation of a sanitation district, fixing the boundaries thereof and naming the counties, cities and towns which in whole or in part are to be embraced therein, the circuit court of any such county, or of any county in which any such town is situated, or the corporation court of any such city shall make an order filing such petition and fixing a day for a hearing by such court on such petition and the question of the creation of the proposed sanitation district. Such order shall direct notice of such hearing to be given by publication three times in some newspaper or newspapers having general circulation in the proposed sanitation district, with the first publication appearing no more than 35 days before and the third publication appearing no less than seven days before the hearing. Such notice shall set forth the petition as filed, but need not set forth the signatures or exhibits thereto, and shall state the time and place of hearing and that at such hearing all persons desiring to controvert the allegations of such petition or question the conformity thereof to this article will be heard and all objections to the creation of the proposed sanitation district considered.

1946, p. 348; Michie Suppl. 1946, § 1560iii3; 2023, cc. 506 , 507 ; 2024, cc. 225 , 242 .
Va. Code Ann. § 21-140.3 — Virginia Code / Title 21 / Chapter 2 / Article 2 / Section 21-140.3
Validation of certain bonds
Status: in_force

All bonds heretofore issued by any sanitary district for any or all of the purposes specified in Article 1 (§ 21-112.22 et seq.) of Chapter 2 of Title 21 are hereby declared to be valid and legally binding obligations of such sanitary district, notwithstanding any limitations contained in any general law or special act pursuant to which such sanitary district was created and notwithstanding any limitations contained in the proceedings taken for the creation thereof.

1964, c. 165.
Va. Code Ann. § 21-291.2 — Virginia Code / Title 21 / Chapter 5 / Section 21-291.2
Creation of District
Status: in_force

Chapter 66 of the Acts of 1960 as amended by Acts 1962, c. 584, Acts 1964, c. 520, Acts 1974, c. 112, Acts 1976, c. 637, Acts 1977, c. 271, Acts 1987, c. 30, Acts 1989, c. 350, Acts 1990, c. 153, Acts 1998, c. 210 , Acts 2004, c. 120 , Acts 2008, c. 574 , Acts 2012, c. 724 , Acts 2017, c. 218 , and Acts 2021, Sp. Sess. I, c. 428 , relating to the creation of the Hampton Roads Sanitation District, is incorporated in this Code by this reference.
Va. Code Ann. § 21-242 — Virginia Code / Title 21 / Chapter 4 / Article 3 / Section 21-242
Suspension or removal of members
Status: in_force

Members of the commission may be suspended or removed by the State Health Commissioner at his pleasure.

1946, p. 352; Michie Suppl. 1946, § 1560iii4.
Va. Code Ann. § 21-334 — Virginia Code / Title 21 / Chapter 6 / Section 21-334
Classification of land; benefits; assessments
Status: in_force

It shall be the further duty of the board of viewers personally to examine the land in the district and classify it with reference to the benefit it will receive from the construction of the levee, ditch, drain, or watercourse or other improvement and to determine rates of assessment in direct proportion to the benefits received on an acreage basis subject to the approval of a majority of the petitioners who own a majority of the land.

Code 1919, § 1752; 1924, p. 707; 1926, p. 612; 1954, c. 642.
Va. Code Ann. § 21-118.3 — Virginia Code / Title 21 / Chapter 2 / Article 1 / Section 21-118.3
Levy and expenditure of taxes in certain counties; validation of expenditures
Status: in_force

In addition to the powers granted in § 21-118 of the Code of Virginia, the governing body of any county having a population in excess of 30,000 but not in excess of 35,000 and containing two cities of the first class, in which a sanitary district has been created pursuant to the provisions of this article, may levy and collect an annual tax upon all the property in such sanitary district subject to local taxation to pay the whole or any part of the cost of construction of a sewerage and/or water supply system in such district and to pay the costs of preliminary engineering surveys and other expenses in connection with the construction of any such system.

Such governing body may expend funds from the general county levy to pay the costs for which taxes are hereinabove authorized to be levied in anticipation of the collection of such taxes. Should it be determined that a sewerage and/or water supply system in such district is not feasible, or for any other reason should the same not be constructed, the governing body of said county, after the creation of such district has been ordered, may levy and collect an annual tax upon all the property within the boundaries of such sanitary district subject to local taxation, to reimburse the county's general levy fund for any expenditures advanced therefrom in connection with engineering surveys and other expenses in and about the creation of any such district. Any such expenditure made prior to April 3, 1952, is hereby validated.

1952, c. 555.
Va. Code Ann. § 21-297 — Virginia Code / Title 21 / Chapter 6 / Section 21-297
Service and return of summons; appointment of board of viewers
Status: in_force

The summons may be served by publication as to any defendants who cannot be personally served, as provided by law. Such summons shall be returnable to the first day of any regular term of the circuit court of the county, during which term, or some succeeding term, the court, after determining the sufficiency of the petition, shall immediately enter of record three interested resident freeholders of the proposed project in which the lands are located who have been elected by a majority of the petitioners. Such persons appointed shall constitute a board of viewers who shall select and designate an engineer, or other person experienced with drainage, deemed qualified by the board of viewers to make a preliminary survey and report thereon. After the appointment of the board the question of the sufficiency of the petition may not be again raised, unless the boundary of the district be subsequently changed by the court.

Code 1919, § 1738; 1920, p. 608; 1924, p. 708; 1926, p. 606; 1954, c. 642.