2006 Code of Virginia § 15.2-2272 - Vacation of plat after sale of lot

15.2-2272. Vacation of plat after sale of lot.

In cases where any lot has been sold, the plat or part thereof may be vacatedaccording to either of the following methods:

1. By instrument in writing agreeing to the vacation signed by all the ownersof lots shown on the plat and also signed on behalf of the governing body ofthe locality in which the land shown on the plat or part thereof to bevacated lies for the purpose of showing the approval of the vacation by thegoverning body. In cases involving drainage easements or street rights-of-waywhere the vacation does not impede or alter drainage or access for any lotowners other than those lot owners immediately adjoining or contiguous to thevacated area, the governing body shall only be required to obtain thesignatures of the lot owners immediately adjoining or contiguous to thevacated area. The word "owners" shall not include lien creditors exceptthose whose debts are secured by a recorded deed of trust or mortgage andshall not include any consort of an owner. The instrument of vacation shallbe acknowledged in the manner of a deed and filed for record in the clerk'soffice of any court in which the plat is recorded.

2. By ordinance of the governing body of the locality in which the land shownon the plat or part thereof to be vacated lies on motion of one of itsmembers or on application of any interested person. The ordinance shall notbe adopted until after notice has been given as required by 15.2-2204. Thenotice shall clearly describe the plat or portion thereof to be vacated andstate the time and place of the meeting of the governing body at which theadoption of the ordinance will be voted upon. Any person may appear at themeeting for the purpose of objecting to the adoption of the ordinance. Anappeal from the adoption of the ordinance may be filed within thirty dayswith the circuit court having jurisdiction of the land shown on the plat orpart thereof to be vacated. Upon appeal the court may nullify the ordinanceif it finds that the owner of any lot shown on the plat will be irreparablydamaged. If no appeal from the adoption of the ordinance is filed within thetime above provided or if the ordinance is upheld on appeal, a certified copyof the ordinance of vacation may be recorded in the clerk's office of anycourt in which the plat is recorded.

Roads within the secondary system of highways may be vacated under either ofthe preceding methods and the action will constitute abandonment of the road,provided the land shown on the plat or part thereof to be vacated has beenthe subject of a rezoning or special exception application approved followingpublic hearings required by 15.2-2204 and provided the CommonwealthTransportation Commissioner or his agent is notified in writing prior to thepublic hearing, and provided further that the vacation is necessary in orderto implement a proffered condition accepted by the governing body pursuant to 15.2-2297, 15.2-2298 or 15.2-2303 or to implement a condition of specialexception approval. All abandonments of roads within the secondary system ofhighways sought to be effected according to either of the preceding methodsbefore July 1, 1994, are hereby validated, notwithstanding any defects ordeficiencies in the proceeding; however, property rights which have vestedsubsequent to the attempted vacation are not impaired by such validation. Themanner of reversion shall not be affected by this section.

(Code 1950, 15-793, 15-967.17; 1950, p. 722; 1962, c. 407, 15.1-482;1975, c. 641; 1990, c. 719; 1994, c. 341; 1997, c. 587.)