2006 Code of Virginia § 15.2-2270 - Vacation of interests granted to a locality as a condition of site plan approval

15.2-2270. Vacation of interests granted to a locality as a condition ofsite plan approval.

Any interest in streets, alleys, easements for public rights of passage,easements for drainage, and easements for a public utility granted to alocality as a condition of the approval of a site plan may be vacatedaccording to either of the following methods:

1. By a duly executed and acknowledged written instrument of the owner of theland which has been or is to be developed in accordance with the site plan,declaring the interest or interests to be vacated, provided the governingbody or authorized agent of the locality where the land lies consents to thevacation. The instrument shall be recorded in the same clerk's office whereinis recorded the written instrument describing the interest in real propertyto be vacated. The execution and recordation of the instrument shall operateto divest all public rights in, and to reinvest the owner with the title tothe interests which formerly were held by the governing body; or

2. By ordinance of the governing body in the locality in which the propertywhich is the subject of an approved site plan lies, provided that no interestshall be vacated in an area in which facilities, for which bonding isrequired pursuant to 15.2-2241 through 15.2-2245, have been constructed.

The ordinance shall not be adopted until after notice has been given asrequired by 15.2-2204. The notice shall clearly describe the interest ofthe governing body to be vacated by reference to the recorded instrument onwhich it was created and state the time and place of the meeting of thegoverning body at which the adoption of the ordinance will be voted upon. Anyperson may appear at the meeting for the purpose of objecting to the adoptionof the ordinance. An appeal from the adoption of the ordinance may be filedwithin thirty days of the adoption of the ordinance with the circuit courthaving jurisdiction of the land over which the governing body's interest islocated. Upon appeal, the court may nullify the ordinance if it finds thatthe owner of the property, which has been developed or is to be developed inaccordance with the approved site plan, will be irreparably damaged. If noappeal from the adoption of the ordinance is filed within the time aboveprovided or if the ordinance is upheld on appeal, a certified copy of theordinance of vacation may be recorded in the clerk's office of any court inwhich the instrument creating the governing body's interest is recorded.

The execution and recordation of an ordinance of vacation shall operate todestroy the effect of the instrument which created the governing body'sinterest so vacated and to divest all public rights in and to the propertyand vest title in the streets, alleys, easements for public rights ofpassage, easements for drainage, and easements for a public utility as may bedescribed in, and in accordance with, the ordinance of vacation.

(1990, c. 813, 15.1-480.1; 1997, c. 587.)