The governing body of any locality or other political subdivision, agency or instrumentality of the Commonwealth or of any locality proposing to issue bonds may bring at any time a proceeding in any court of the county or city having general jurisdiction and in which the issuer is located to establish the validity of the bonds, the legality of all proceedings taken in connection with the authorization or issuance of the bonds, the validity of the tax or other means provided for the payment of the bonds, and the validity of all pledges of revenues and of all covenants and provisions which constitute a part of the contract between the issuer and the owners of the bonds. The proceeding shall be brought by filing a motion for judgment describing the bonds and the proceedings taken in connection with their issuance and alleging that the bonds when issued shall be valid and legal obligations of the issuer. In the motion for judgment the taxpayers, property owners and citizens of the jurisdiction where the issuer is located, including nonresidents owning property in or subject to taxation by it, and all other persons interested in or affected in any way by the issuance of the bonds shall be made parties defendant.
Code 1950, § 15-666.55; 1958, c. 640; 1962, c. 623, § 15.1-214; 1991, c. 668, § 15.1-227.53; 1997, c. 587; 2003, c. 570.
Notes of Decisions
Short Pump Town Ctr. Cmty. Dev. Auth. v. Hahn, 554 S.E.2d 441 (Va. 2001).
· cites it 14× “Hahn and Taubman then moved the circuit court judge to disqualify himself from hearing the bond validation case since, as a taxpayer, property owner, and citizen of Henrico County, the judge was a party defendant to the action pursuant to Code §§ 15.2-2651 and -2652. After…”
FFW Enter. v. Fairfax Cnty., 701 S.E.2d 795 (Va. 2010).
· cites it 2× “Under the provisions of Code § 15.2-2651, such a proceeding may validate, inter alia, "the tax or other means provided for payment of the bonds," so EDA sought a ruling that a tax per Code § 33.”
Jackson Ex Rel. Jackson v. Waller Indep. Sch. Dist., 625 F. Supp. 2d 357 (S.D. Tex. 2008).
· cites it 2× “The proceeding was filed under VaCode § 15.2-2651, which allows a political subdivision to bring an action “to establish the validity of the bonds, the legality of all proceedings taken in connection with the authorization or issuance of the bonds, the validity of the tax or…”
Short Pump Town Ctr. Cmty. Dev. Auth. v. Taxpayers, 54 Va. Cir. 501 (Henrico Cir. Ct. 2001).
· cites it 3× “The present suit was filed on November 16, 2000, and is brought pursuant to Va. Code § 15.2-2651. That section provides: The governing body of any locality or other political subdivision, agency or instrumentality of the Commonwealth proposing to issue bonds may bring at any…”
Hutton v. Town of Elkton, 57 Va. Cir. 278 (2002).
“2-2654 of the Code of Virginia, and on one Cross-Claim seeking to validate those bonds pursuant to § 15.2-2651 of the Code. Hie case was heard before this Court on December 13, 2001.”
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