Code of Virginia § 15.2-2006 - Alteration and vacation of public rights-of-way; appeal from decision

15.2-2006. Alteration and vacation of public rights-of-way; appeal fromdecision.

In addition to (i) the powers contained in the charter of any locality, (ii)any powers now had by such governing bodies under the common law or (iii)powers by other provisions of law, public rights-of-way in localities may bealtered or vacated on motion of such governing bodies or on application ofany person after notice of intention to do so has been published at leasttwice, with at least six days elapsing between the first and secondpublication, in a newspaper having general circulation in the locality. Thenotice shall specify the time and place of a hearing at which personsaffected may appear and be heard. The cost of publishing the notice shall betaxed to the applicant. At the conclusion of the hearing and on applicationof any person, the governing body may appoint three to five people to viewsuch public right-of-way and report in writing any inconvenience that wouldresult from discontinuing the right-of-way. The governing body may allow theviewers up to fifty dollars each for their services. The sum allowed shall bepaid by the person making the application to alter or vacate the publicright-of-way. From such report and other evidence, if any, and after the landowners affected thereby, along the public right-of-way proposed to be alteredor vacated, have been notified, the governing body may discontinue the publicright-of-way. When an applicant requests a vacation to accommodate expansionor development of an existing or proposed business, the governing body maycondition the vacation upon commencement of the expansion or developmentwithin a specified period of time. Failing to commence within such time mayrender the vacation, at the option of the governing body, void. A certifiedcopy of the ordinance of vacation shall be recorded as deeds are recorded andindexed in the name of the locality. A conditional vacation shall not berecorded until the condition has been met.

Any appeal shall be filed within sixty days of adoption of the ordinance withthe circuit court for the locality in which the public right-of-way islocated.

(Code 1950, 15-766; 1950, p. 725; 1952, c. 580; 1956, c. 487; 1958, c. 196;1962, c. 623, 15.1-364; 1964, c. 13; 1972, c. 357; 1973, c. 71; 1980, c.236; 1982, c. 381; 1983, c. 33; 1984, c. 175; 1986, c. 41; 1997, c. 587.)