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2005 SESSION

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057260312
HOUSE BILL NO. 2381 Offered January 12, 2005 Prefiled January 12, 2005 A BILL to amend and reenact §§ 15.2-5152 and 15.2-5153 of the Code of Virginia, relating to community development authorities. ---------- Patron-- Hall ---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1.  That §§ 15.2-5152 and 15.2-5153 of the Code of Virginia are amended and reenacted as follows:

§ 15.2-5152. Localities may consider petitions for creation of authority.

A.  Any city may consider petitions for the creation of community development authorities, a public body politic and corporate and political subdivision of the Commonwealth, in accordance with this article. 

B.  Any town may by ordinance elect to assume the power to consider petitions for the creation of community development authorities in accordance with this article. A public hearing shall be held on such ordinance. 

C.  The following counties may consider petitions for the creation of community development authorities in accordance with this article: 

1. Any county with a population of at least 75,000; 

2. Any county with a population of less than 50,000 through which an interstate highway passes; and 

3. Any county with a population between 50,000 and 75,000 through which an interstate highway passes. 

D.  Any county not listed in subsection C may by ordinance elect to assume the power to consider petitions for the creation of community development authorities in accordance with this article. A public hearing shall be held on such ordinance. 

§ 15.2-5153. Landowners may petition localities.

The owners of at least 51 percent of the land area or assessed value of land in the following tracts may, by petitioning the locality or localities in which the tract is located, propose the creation of a community development authority: 

1. Any tract of any size in any city; 

2. Any tract of any size in any town which has elected to consider such petitions pursuant to subsection B of § 15.2-5152; 

3. Any tract containing at least 250 acres in any county with a population of at least 75,000; 

4. Any tract containing at least 250 acres, a portion of which lies within two miles of the centerline of the right-of-way of an interstate highway, in any county with a population of less than 50,000; 

5. Any tract containing at least 250 acres in any county with a population between 50,000 and 75,000 through which an interstate highway passes; and 

6. Any tract of any size in any county not listed in subdivisions 3, 4 or 5 of this section which has elected to consider such petitions pursuant to subsection B of § 15.2-5152. 

However, in the counties listed in subdivisions 3, 4 and 5 of this section, the minimum acreage required for a proposed authority district shall be 100 acres for commercial property or for mixed use commercial-zoned and residential-zoned property. Counties over 50,000 in population may modify minimum district size limits where amounts financed equal or exceed $3 million.