2006 Code of Virginia § 15.2-2265 - Recordation of approved plat as transfer of streets, termination of easements and rights-of-way, et...

15.2-2265. Recordation of approved plat as transfer of streets, terminationof easements and rights-of-way, etc.

The recordation of an approved plat shall operate to transfer, in fee simple,to the respective localities in which the land lies the portion of thepremises platted as is on the plat set apart for streets, alleys or otherpublic use and to transfer to the locality any easement indicated on the platto create a public right of passage over the land. The recordation of suchplat shall operate to transfer to the locality, or to such association orpublic authority as the locality may provide, such easements shown on theplat for the conveyance of stormwater, domestic water and sewage, includingthe installation and maintenance of any facilities utilized for suchpurposes, as the locality may require. Nothing contained in this articleshall affect any right of a subdivider of land heretofore validly reserved.The clerk shall index in the name of all the owners of property affected bythe recordation in the grantor's index any plat recorded under this section.Nothing in this section shall obligate the locality, association or authorityto install or maintain such facilities unless otherwise agreed to by thelocality, association or authority.

When the authorized officials of a locality within which land is located,approve in accordance with the subdivision ordinances of the locality a plator replat of land therein, then upon the recording of the plat or replat inthe circuit court clerk's office, all rights-of-way, easements or otherinterest of the locality in the land included on the plat or replat, exceptas shown thereon, shall be terminated and extinguished, except that aninterest acquired by the locality by condemnation, by purchase for valuableconsideration and evidenced by a separate instrument of record, or streets,alleys or easements for public passage subject to the provisions of 15.2-2271 or 15.2-2272 shall not be affected thereby. All public easements,except those for public passage, easements containing improvements, thosethat contain private utility facilities, common or shared easements for theuse of franchised cable operators and public service corporations, may berelocated by recordation of plat or replat signed by the owner of the realproperty, approved by an authorized official of a locality, regardless of themanner of acquisition or the type of instrument used to dedicate the originaleasement. In the event the purpose of the easement is to convey stormwaterdrainage from a public roadway, the entity responsible for the operation ofthe roadway shall first determine that the relocation does not threateneither the integrity of the roadway or public passage. The clerk shall indexthe locality as grantor of any easement or portion thereof terminated andextinguished under this section.

(Code 1950, 15-792, 15-967.13; 1958, c. 460; 1962, c. 407, 15.1-478;1964, c. 564; 1974, c. 530; 1978, c. 590; 1995, cc. 431, 662; 1997, c. 587;2000, c. 165; 2005, c. 937.)