Annexation

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Albemarle County map (2022)
Map of annexations by year
Map of annexations by year. (pdf)
Hand-drawn annexation map from Neighborhood Development Services wall
Hand-drawn annexation map from Neighborhood Development Services' wall.
See also: City-County reversion

Annexation was a legal means by which Charlottesville obtained lands from Albemarle County in the 18th, 19th and 20th centuries. The process caused much strain in city / county relations. The practice was essentially discontinued following the signing of a Revenue Sharing Agreement in 1982.

The 2020 Census marked the 24th time that the country has counted its population; the first was in 1790. As of April 1, 2020 the Population (Census) of Charlottesville was 46,553. The percent change from April 1, 2020 (estimates base) to July 1, 2021, (V2021): -1.9%[1]

Charlottesville’s overall geographic size has stayed the same since the annexation of 258.4 acres of Pen Park in 1988, which brought the City’s size to approximately 10.846 square miles or 6,942 acres. This addition of land was the result of a mutual boundary line relocation agreement executed by the City and Albemarle County as part of the revenue sharing agreement, which prevents further annexation of county land by the city. The City is likely to remain at its present size due to the agreement with the county and the state law that prohibits further annexation.[2]

It is important to note, however, that the state moratorium on annexation is scheduled to end in 2024.[3][4]


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History

Annexation is a process for localities to expand their land area. In Virginia, cities are independent of counties. Cities are therefore able to acquire land from an adjacent County through annexation.

Prior to 1900, the City of Charlottesville annexed land from Albemarle County about five times. These annexations were relatively small areas of land, totaling approximately 1.2 square miles. After 1900, Charlottesville annexed land from the County three times. These annexations were significantly larger areas of land and added over 7 square miles of land to Charlottesville, establishing the City’s current boundaries. In 1972, the City attempted to annex about 12 square miles of County land, which ultimately failed. Tensions over annexation and the need to coordinate on public water supply planning led to the 1982 ‘annexation agreement’ between Charlottesville and Albemarle County, which remains in place today.

Charlottesville gave up its authority to annex in exchange for the County to contribute a portion of its real property tax base to the City, which occurs annually as a part of the budget, per a formula in the agreement.[5]

1761

In 1761, Albemarle County was split three ways, creating the new counties of Buckingham and Amherst, considerably reducing its size down to 750 square miles and placing Scott's Landing (Scottsville), the once centrally located county seat, along the extreme southern edge of the newly defined Albemarle County.

1762

Albemarle County purchased a 1,000 acre tract from Richard Randolph in a more central location. In November, Charlottesville was founded by an Act of the Assembly as the Albemarle County seat.

1792 Annexation

(Old Town) Charlottesville: .059 square miles.

1818 Annexation

Charlottesville: .087 square miles.

1860 Annexation

Charlottesville: .271 square miles.

1873 Annexation

Charlottesville: .340 square miles.

1801

Charlottesville incorporated and to be know as the Town of Charlottesville.

1888 Annexation

1.221 square miles.

  • March 2 – The General Assembly passed an ACT granting the Town of Charlottesville administrative independent of the county and the right to be know as City of Charlottesville. As part of this ACT, the Legislature granted the City of Charlottesville authority to annex surrounding Albemarle County land to create a city of nearly 800 acres.[6]
  • September 1 – Charlottesville incorporated as a city.

1902

Charlottesville became a city of the second-class. The Constitution of 1902 made no specific reference to independent cities but included provisions recognizing the principle that Virginia's cities were independent of their neighboring counties.

1904

Following the adoption of, the 1902 Virginia Constitution, the 1904 General Assembly made annexation a matter of judicial determination in a court of law. This action marked an end to the practice of extending boundaries by special acts of the General Assembly, which had been used from colonial times.

1914

Charlottesville officials appeared in the Circuit Court in August 1914 for an order to annex parts of the Fifeville and Fry's Spring neighborhoods into city limits. The Board of Supervisors was notified of this in a Daily Progress advertisement on May 30, 1914. [7]

1916 Annexation

August – Charlottesville's status changed from 2nd class to 1st class. Independent city of Charlottesville gained from Albemarle County with the annexation of a large portion of a rural territory surrounding the city of Charlottesville. The City of Charlottesville increased 58 percent in population from 1910 to 1920. The rural portion of Albemarle County during the same period decreased 13 percent. A part of this loss can be attributed to the annexation in 1916.

  • Charlottesville became a city of 3.840 square miles.

1938/1939 Annexation

On January 1, Charlottesville gained an additional 2.594 square miles from Albemarle to become 6.434 square miles. [8] Effective at midnight of December 31, 1938, more than 2,200 former county residents became citizens of Charlottesville following annexation of adjacent Albemarle urban areas of the city.

Court proceedings began in late October of 1938. At one point, City Manager Seth Burnley testified that it would cost $90,000 to build sewer lines to serve the area requested. The superintendent of buildings and grounds, Frank Hartman, testified that the city could do that work more economically. [9]

By court order, the annexation order became effective midnight December 31, 1938/January 1, 1939. Under the verdict handed down on November 10, 1938 by the three-judge court appointed by Governor Price, the city was awarded an area which included Towler’s Addition, McIntire Park, Carlton Addition, Meadownbrook Hills, Belmont (Big Hill), Park Street, extended, Ivy Terrace and Fry’s Spring sanitary district. The only contested properties exempt were those of attorney Homer Richey and attorney William Chamberlain.

Annexation of the University proper was considered by the court in view of the Virginia statue which says the annexed territory must be a compact body, but attorneys for both sides stipulated they did not seek to incorporate the institution. [10] [11]

Albemarle was awarded $48,720 (equivalent to $850,005 in 2019) of the $110,000 it sought from the city for the purpose of applying on proportionate portion of the school, sanitary district and road debts. $9,000 (Adjusted for inflation, $9,000.00 in 1938 is equal to $157,020.63 in 2019) was awarded for damages to McIntire School, the use of which was held impaired by annexation as around 200 pupils would be lost. [12]

1960

As one of their first acts in 1960, City Council indicated they would seek court action to annex about 2,800 acres of county land in the area from Hessian Hills on Barracks Road to Greenbrier Drive. They hired Lynchburg attorney Samuel H. Williams to assist their case. Williams had performed similar work for the city of Lynchburg and the city of Harrisonburg. The move was opposed by the Board of Supervisors. Board chair John W. Williams told the Daily Progress that the county should "protect the interests of all the citizens of the county." [13] The move was expected to add 4,000 county residents to the Charlottesville tax rolls. [14]

In response, Albemarle hired Archibald G. Robertson to serve as is attorney to stave off annexation. Williams said the county needed to protect what consisted of 20 percent of its tax base.

City Council held its first reading of the annexation ordinance on January 18, 1960. [15] The resolution cited nine reasons (see below).

After Council passed the ordinance, it was eventually filed in Albemarle Circuit Court. A special court of three district judges were to hear the annexation suit. [8] [16] The judges were Albemarle Circuit Court Judge Lyttelton Waddell, Judge Robert T. Armistead of Williamsburg, and Judge Daniel Weymouth of Northumberland County.

At a February 2 community meeting on the Beaver Creek Reservoir, five of the six supervisors signed a petition asking that the county get a vote as well on whether to be annexed. Williams, whose own St. Annes Road home was within the area to be taken, did not sign the petition but made his views known.

"If the City of Charlottesville is going to have a vote, the victims ought to have a vote and we're the victims," Williams said. [17]

The annexation trial began on October 31, 1960. [8]

January 18, 1960 resolution

"The City of Charlottesville does hereby set forth the necessity for an expediency of the proposed annexation:

1. That a large part of the territory proposed to be annexed constitutes a highly urbanized area which according to the constitutional and legislative policy of the State of Virginia should be governed by the municipal government of the City of Charlottesville.

2. The area proposed for annexation together with the present city area constitutes a compact body of land peculiarly adaptable to city growth and government and all of the territory is needed in the reasonably near future for the city's development.

3. For a number of years past there has been a rapid residential and industrial development both within the present city limits and in the territory immediately adjacent o the city limits. As a result an increased number of families require suitable areas for housing development beyond the capacity of vacant lands now within the corporate limits, and the many families now living in apartments or small quarters in residential areas within the present city limits require additional territory within the city limits adaptable to residential purposes and affording desirable locations for home sites.

Sufficient land suitable for these purposes and for further industrial and commercial expansion is not now available within the present corporate limits of the City of Charlottesville to accomodate the needs and desires of its present or future population which will be attracted to the city and the adjacent areas in Albemarle County.

Many former residents and newcomers to the Charlottesville have been compelled to establish their residences beyond the corporate limits because suitable or desirable land was not available in the city. Much of the suburban development and subdivision of property into lots has taken place in the territory which is proposed to be annexed, and which lies just outside the City of Charlottesville in line with its inevitable growth.

4. The creation of attractive, efficient, commercial and industrial districts related to desirable and well protected residential districts can only result from an intelligent zoning policy which is applied to the entire area of urban development. This cohesive development can not be accomplished except under city government of the area since no zoning controls exist in the County of Albemarle. Without such controls, there has been an increasing number of mixed, incompatible land uses in the proposed annexation territory which if continued will work to the great detriment of the city and the residents of the area.

This development demonstrates the need for the application of sound planning principles to the land in the proposed annexation area. A single coordinated plan for the division of acquired urban facilities is a requirement for adequate provision initially and efficient operation subsequently. The longer adequate controls are delayed the greater for potential for poorly related or substandard facilities.

5. The people living in the annexation area have their commercial, social, recreational, civic, church and other interests largely within the City of Charlottesville, require daily use of the streets and other public facilities. their interests and welfare are identical with the interests and welfare of the city and are in no way identified with the interest and activity of the county in which they now reside.

As a result the annexation area constitutes with the present city, one homogeneous community which can be more completely, efficiently and economically governed, administered and serviced with a fair distribution of costs by being under and being part of the same local government as will be accomplished through the proposed annexation.

6. In much of the territory proposed to be annexed there is no adequate public system for trash and garbage collection and in portions of comparatively dense population, there is also a lack of effect fire and police protection. As a result of this situation it is necessary for the proper protection of the health and safety of those living within the proposed annexation areas that the area be brought under the health rules and sanitary regulations, police and fire protection of the city.

7. A projection of current growth trends indicates that the small available amount of usable vacant lands within the present city limits capable of so being, will be occupied within a few years. It is not practical or possible to develop much of the city's vacant land because it is either not for sale or topographically it does not lend itself to development.

8. The area proposed for annexation from Albemarle County needs for its proper development the administration of municipal government, equipped and designed to meet the needs for an urban population. The urban community included in the annexation area needs a governmental program for protection against the spread of disease, for the education of its children, for police and fire protection with adequate equipment and personnel, modern sewage treatment, further extension of water and sewer lines where practical, parks and playgrounds a recreational program, a central plan of community development, adequate and proper zoning, electrical, building, fire, weights and measures and other inspection facilities, streets, and garbage collection and disposal.

Such a program is not feasible unless the area affected is under a single governmental control, of modern design, capable of raising public funds by having sufficient taxable values within its jurisdiction. The accomplishment of such a result requires a consolidation of the annexation area within the city through the present proceeding.

9. The area of the County of Albemarle is greatly in excess of 60 square miles and the annexation of proposed territory will not materially affect the governmental functions of the county.

(see also: Newspaper notice, Daily Progress, January 19, 1960[18])

Proposed charter changes

On January 25, 1960, Delegate Harold M. Burrows introduced legislation that would require a referendum before Charlottesville could proceed with annexation. [19]

1960 Annexation

Charlottesville annexed land from Albemarle County: 3.93 square miles; Population annexed: 4,673

1963 Annexation

City of Charlottesville annexed land from Albemarle County: 10.362 square miles. January 1: Independent city of Charlottesville gained from Albemarle County. The Greenbrier Neighborhood area was annexed by the City from Albemarle County, along with some smaller neighborhood areas around the edges of the City. The Barracks Roads Shopping Center was also annexed at the same time.

1964

In 1964, after a moratorium on annexation imposed by the Assembly in 1962, a Virginia Advisory Legislative Council report made several recommendations for change but nothing substantial resulted.

1968 Annexation

City of Charlottesville: 10.442 square miles. January 1: Independent city of Charlottesville gained small area from Albemarle County. A voluntary annexation took place to add to the City Brandywine Extended up to and including Glenn Court, Melissa Place, Marie Place, Wilson Court, and part of Michael Place. The upper section of Kerry Lane and Denice Lane (off of Rio Road) were also added to the city this time. The western part of Michael Place, as well as Brenda Court and Vermira Place, remained in Albemarle County.[20]

1971

The Constitution of 1971 codified the independent status of Virginia's cities.

1972

The 1972 General Assembly, in the approval of a bill, halted all annexations and transitions after March 1, 1972. Under the terms of this act the only exceptions to the moratorium will be the previously filed annexation suits by the cities of Bristol, Charlottesville, and Lynchburg, and the proposed incorporation of the City of Nansemond. The moratorium was intended to continue until January 1, 1976.

1980

In 1980, Albemarle County received a grant to pay for bus service from the Lake Saponi area to Barracks Road Shopping Center. One goal was to provide transit service as a way of avoiding future annexations. [21]

1988 Annexation

See also

References

  1. Web. QuickFacts Charlottesville city, Virginia, U.S. Department of Commerce, November 3, 2022, retrieved November 3, 2022.
  2. Web. page 75 2007 COMPREHENSIVE PLAN, City of Charlottesville, 2006, retrieved November 3, 2022.
  3. Web. Code of Virginia. § 15.2-3201. Temporary restrictions on granting of city charters, filing annexation notices, institutions of annexation proceedings, and county immunity proceedings., VIRGINIA GENERAL ASSEMBLY, retrieved November 3, 2022.
  4. Web. HB 945 Annexation; extends current moratorium on city annexations and county immunity actions., VIRGINIA LAW PORTAL, SUMMARY AS PASSED HOUSE: (all summaries), 2016 SESSION, retrieved November 3, 2022.
  5. Web. Albemarle County, Planning for Growth: Past and Present, retrieved October 29, 2022.
  6. Web. 1911 Encyclopædia Britannica/Charlottesville, staff, Encyclopædia Britannica, 1911, retrieved July 28, 2019.
  7. Web. In The Circuit Court of the County of Albemarle, To The County of Albemarle, Virginia; The Board of Supervisors of the Said County of Albemarle, Virginia and R.T. W. Duke, Jr, Commonwealth's Attorney of Said County, Staff Reports, Daily Progress Digitized Microfilm, Lindsay family, May 30, 1914, retrieved May 30, 2016 from University of Virginia Library. Print. May 30, 1914 page 2.
  8. 8.0 8.1 8.2 Print: Council Set To Act on Annexation Bill, Staff Reports, Daily Progress, Lindsay family February 1, 1960, Page .
  9. Web. Judges of Annexation Court Rest, To Renew Trial Thursday, Daily Progress Digitized Microfilm, Lindsay family, October 29, 1938, retrieved October 29, 2022. Print. October 29, 1938 page 1.
  10. Web. Annexation Suite is Won By City; U. Va. Exempted, Staff reports, Daily Progress Digitized Microfilm, Lindsay family, November 10, 1938, retrieved September 12, 2019. Print. November 10, 1938 page A1.
  11. Print: Annexation Suite is Won By City; U. Va. Exempted, Staff reports, Daily Progress, Lindsay family November 10, 1938, Page A1.
  12. Web. More Than 2,200 County People Are Residents Of The City Today, Staff reports, Daily Progress Digitized Microfilm, Lindsay family, January 2, 1939, retrieved September 12, 2019. Print. January 2, 1939 page A1.
  13. Print: Annexation Move Made, Staff reports, Daily Progress, Lindsay family January 5, 1960, Page A1.
  14. Print: County Hires Attorney for Annex Suit, Staff reports, Daily Progress, Lindsay family January 19, 1960, Page 9.
  15. Web. Charlottesville City Council meeting minutes, .pdf, Council Chambers, City of Charlottesville, January 18, 1960.
  16. Print: Annex Law Enacted, Court Action Delayed, Staff Reports, Daily Progress, Lindsay family February 2, 1960, Page 9.
  17. Print: County Petitions Ask Vote On Annex, Staff Reports, Daily Progress, Lindsay family February 3, 1960, Page 13.
  18. https://search.lib.virginia.edu/sources/uva_library/items/uva-lib:2718173
  19. Print: Burrows Proposes New Bill for Vote on Annexation, , Daily Progress, Lindsay family February , 1960, Page .
  20. https://cvillegreenbrier.weebly.com/
  21. Print: Albemarle To Open U.S. 29 Bus Route, Robert Brickhouse, Daily Progress, Worrell Newspaper group January 30, 1980, Page A3.
  22. http://www.gov/geo/www/tiger/ctychng.html,