Can a Virginia county create a service district to help build and run a combined library, recreation center, and meeting place facility?

Plain-English summary

Campbell County wanted to fund the Timberlake Community Complex, a mixed-use facility planned to include a library, public computers, indoor recreation facilities, a gymnasium and stage, meeting places for county programs, ball fields, and other recreational amenities. The county had donated the land and intended to create a service district under § 15.2-2403 to spread the cost of construction and operation across the affected residents. Senator Hurt and Delegate Byron asked the Attorney General whether the statute actually permitted that use of a service district.

Attorney General Bob McDonnell answered yes. Section 15.2-2403(1) gives the county broad authority to construct, maintain, and operate facilities "as may be necessary or desirable to provide additional, more complete, or more timely governmental services within a service district." The statute then offers a non-exhaustive list of permitted services, including "sponsorship and promotion of recreational and cultural activities" and "other services, events, or activities that will enhance the public use and enjoyment of … and public well-being within a service district." The statute is "clear and unambiguous" on this point.

Libraries land squarely within the locality's general statutory authority. Section 42.1-33 gives every county the power to establish a free public library, including the power to acquire land, erect buildings, buy materials, and pay personnel. So a library was both a governmental service the General Assembly expressly authorized and a service the county could legitimately fund through a service district. Recreation, similarly, has been construed broadly in prior AG opinions to mean facilities for "amusement" or "entertainment," covering gyms, ball fields, and similar amenities.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Service districts are a Virginia tool for funding additional or more complete governmental services within a defined geographic area. Property owners in the district pay an additional assessment (over and above their general county taxes), and the proceeds fund the services delivered to the district. They are typically used for water and sewer lines, road improvements, fire protection, street lighting, and similar items, but the statutory list is broad.

Section 15.2-2403 sets out the powers of service districts. Subdivision (1) authorizes the construction, maintenance, and operation of facilities to provide additional, more complete, or more timely governmental services, with a non-exhaustive enumeration that includes:

• "Sponsorship and promotion of recreational and cultural activities"
• "Other services, events, or activities that will enhance the public use and enjoyment of … and public well-being within a service district"

That enumerated list is illustrative; the General Assembly used "including, but not limited to" language to make clear that other governmental services not specifically listed may also fall within the authority.

Section 42.1-33 is the libraries authority. It empowers every county to "establish a free public library" and defines "support" of a library to include purchase of land, erection of buildings, purchase of library materials and equipment, compensation of library personnel, and maintenance expenses.

Prior AG opinions had construed "recreational facility" broadly. A 1982 AG opinion defined the term to encompass facilities for "amusement" or "entertainment," a broad standard that includes gyms, stages, ball fields, and community gathering spaces.

What the AG concluded

Service districts can fund recreational and cultural activities. The text of § 15.2-2403(1) expressly includes "sponsorship and promotion of recreational and cultural activities." A multi-use facility like the Timberlake Community Complex falls within that scope.

Libraries are governmental services that fit naturally into a service district's purpose. Section 42.1-33 establishes the county's power to operate a free public library. Combining that with the service-district funding mechanism of § 15.2-2403 is consistent with the General Assembly's design.

The catch-all language carries weight. Even where specific items on the enumerated list might not perfectly match the facility, the catch-all phrase ("other services, events, or activities that will enhance the public use and enjoyment of … and public well-being") covers the gap. The opinion does not strain to read implied limits into broad enabling language.

Common questions

What is a service district?
A statutory creation of the Virginia Code allowing a locality to fund and deliver additional services to a defined geographic area, supported by an assessment on property in the district. Common uses include water, sewer, road improvements, and now (per this opinion) library and recreational facilities.

Who pays the cost?
Property owners within the service district pay a special tax or assessment that supplements their regular county taxes. The amount depends on the cost of the services and the size of the district's tax base.

Are residents outside the district barred from using the facility?
The opinion does not address that issue. As a practical matter, library and recreational facilities are typically open to all county residents, even when funded by a particular service district. The district pays a disproportionate share but does not exclude others. The county can structure access rules within its general authority.

Does this open the door to using service districts for anything?
Within reason. The General Assembly used broad language in § 15.2-2403(1), but service districts must still serve a recognized governmental purpose and meet the procedural requirements for creation (public hearings, ordinances, district boundaries). They are not a blank check.

What public process is required?
Service districts are created by ordinance after notice and public hearing. The county must define the district, set the assessment, and identify the services to be funded. Residents have opportunities to weigh in before the district is finalized.

Does this apply to other counties?
Yes. Section 15.2-2403 is general state law. Any Virginia county can create a service district under the same authority. Campbell County is named in the opinion only because Senator Hurt and Delegate Byron asked about a specific project there.

Citations

• Va. Code Ann. § 15.2-2403 (service district powers)
• Va. Code Ann. § 42.1-33 (county authority to establish public library)
• Winston v. City of Richmond, 196 Va. 403 (1954)
• Brown v. Lukhard, 229 Va. 316 (1985)
• 1982-1983 Op. Va. Att'y Gen. 205

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2009/08-112-Hurt-Byron.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Robert F. McDonnell

900 East Main Street
Richmond, Virginia 23219
804-786-2071
FAX 804-786-1991
Virginia Relay Services
800-828-1120
7-1-1

Attorney General

January 6, 2009

The Honorable Robert Hurt
Member, Senate of Virginia
P.O. Box 2
Chatham, Virginia 24531

The Honorable Kathy J. Byron
Member, House of Delegates
523 Leesville Road
Lynchburg, Virginia 23502

Dear Senator Hurt and Delegate Byron:

I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented

You ask whether § 15.2-2403(1) authorizes the Campbell County Board of Supervisors to create a service district to provide, among other services, library and recreational related services.

Response

It is my opinion that § 15.2-2403(1) authorizes the Campbell County Board of Supervisors to create a service district to provide, among other services, library and recreational related services.

Background

You advise that the Timberlake Community Complex, a project of the Campbell County Library Foundation, is a facility that will provide multiple services to the community. You advise further that the Complex will offer a library, public computers, indoor facilities for county recreation programs, a gymnasium and stage, meeting places for county programs, ball fields and other recreational facilities. You relate that Campbell County has donated the land and is planning to create a service district to assist in the cost of construction and operation of the facility.

You note that § 15.2-2403(1) grants powers to service districts to construct, maintain, and operate such facilities and equipment as may be necessary or desirable to provide additional, more complete, or more timely governmental services within a service district. You observe that there are numerous services described including, but not limited to, items such as "sponsorship and promotion of recreational and cultural activities."

Applicable Law and Discussion

Section 15.2-2403 provides that:

After adoption of an ordinance or ordinances or the entry of an order creating a service district, the governing body or bodies shall have the following powers with respect to the service districts:

1. To construct, maintain, and operate such facilities … as may be necessary or desirable to provide additional, more complete, or more timely governmental services within a service district, including, but not limited to … sponsorship and promotion of recreational and cultural activities; … and other services, events, or activities that will enhance the public use and enjoyment of … and public well-being within a service district.

"The province of [statutory] construction lies wholly within the domain of ambiguity, and that which is plain needs no interpretation."[1] But when statutory language is clear and unambiguous, the plain meaning and intent of the enactment will be given to it.[2] The language used in § 15.2-2403(1) is clear and unambiguous where the General Assembly authorizes service districts to construct facilities to provide more complete governmental services. Such governmental services include "sponsorship and promotion of recreational activities."

Section 42.1-33 provides that the governing body of any county shall have the power to establish a free public library. Under § 42.1-33, the term "support," includes, but is not limited to, "purchase of land for library buildings, purchase or erection of buildings for library purposes, purchase of library books, materials and equipment, compensation of library personnel, and all maintenance expenses for library property and equipment." Therefore, the establishment of a free public library is a governmental service specifically authorized by the General Assembly. Furthermore, a 1982 opinion of the Attorney General concludes that the meaning of the term "recreational facility" must be determined from the context of the statute within which it is used, and accepts the broad definition of such a facility as one "for amusement" or "for entertainment."[3]

Conclusion

Accordingly, it is my opinion that § 15.2-2403(1) authorizes the Campbell County Board of Supervisors to create a service district to provide, among other services, library and recreational related services.

Thank you for letting me be of service to you.

Sincerely,

Robert F. McDonnell
1:213; 1:941/08-0112

1. Winston v. City of Richmond, 196 Va. 403, 408, 83 S.E.2d 728, 731 (1954).
2. Brown v. Lukhard, 229 Va. 316, 321, 330 S.E.2d 84, 87 (1985).
3. See 1982-1983 Op. Va. Att'y Gen. 205, 205.