2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-144. (Repealed effective October 1, 2014) Discontinuance of road or railway crossing as part of State Highway System

In any case in which a section of a road is deemed by the Commissioner no longer necessary for the uses of the State Highway System or when in heretofore or hereafter laying out, constructing or maintaining sections of roads in the State Highway System, a part of a road has been or is straightened or the location of a part thereof altered and a section of the road is deemed by the Commissioner no longer necessary for the uses of the State Highway System, or an existing crossing by such road of the lines of a railway company, or a crossing by the lines of a railway company of such road is deemed by the Commissioner no longer necessary as a part of the State Highway System, the Commissioner by and with the approval of the Commonwealth Transportation Board, may discontinue as a part of the State Highway System the section of the road no longer deemed necessary for the uses of the State Highway System, or such crossing by the road of the lines of a railway company, or crossing by the lines of the railway company of the road, as the case may be, but discontinuance under this section shall not operate as an abandonment of such road as a public road unless the procedure thereon conforms to § 33.1-145.

The opening of the new section of road by the Commissioner and the entry by the Commonwealth Transportation Board upon its minutes of the discontinuance of the section of the road or the railroad crossing, as the case may be, and its approval thereof, shall be sufficient to constitute such discontinuance.

Code 1950, § 33-76.1; 1950, p. 727; 1970, c. 322.