2014 Virginia Code
Title 33.1 - Highways, Bridges and Ferries
§ 33.1-150. (Repealed effective October 1, 2014) Discontinuance of road, public landing, or railway crossing as part of secondary system; procedures

A. On petition of the governing body of any county in which a road, public landing, or crossing is located or upon petition of the town council of a town having a population of 3,500 or less, or on its own motion the Board may discontinue any road, public landing, or crossing in the secondary system as a part thereof in any case in which the Board deems such road, public landing, or crossing not required for public convenience. If the Board on its own motion desires to discontinue any such road, public landing, or crossing, notice shall be given the governing body of the county and town at least thirty days prior to any discontinuance of a road or crossing under this section. In addition, in cases where only a road or public landing or the maintenance thereof is to be discontinued, notice of such intention shall be given to the public, at least thirty days prior to such action by one publication in a newspaper having general circulation in the county in which the affected road is situated and, where practicable, by a registered letter to each landowner whose property abuts the section of road or public landing to be discontinued; for the purposes of this section, the representative of the Board charged with giving notice may, where practicable, rely upon the tax records of the county to determine the names and addresses of such owners. These additional notice provisions shall not be required in cases where the section of road to be discontinued has been replaced by a new road serving the same citizens. If the governing body of any county or town requests a hearing, or upon petition of any landowner whose property abuts a road or public landing which is to be discontinued, the Board, or a representative thereof, shall hold a hearing in the county in which the road, public landing, or crossing is located in order to ascertain whether or not such road, public landing, or crossing should be discontinued. From the finding of the Board an appeal shall lie to the circuit court of the county in which such road, public landing, or crossing is located and the procedure thereon shall conform to the procedure prescribed in § 33.1-147. The jurisdiction and procedure for abandonment of roads and public landings discontinued as parts of the secondary system in accordance with this article shall remain in the local road authorities.

B. In cases where the Chief Engineer of the Department of Transportation recommends that it is appropriate in connection with the completion of a construction or maintenance project to discontinue any road, public landing, or crossing in the secondary system, the Commissioner of Highways may discontinue such road, public landing, or crossing as he deems proper. The entry by the Commissioner upon the records of the Department of Transportation of the discontinuance shall be sufficient to constitute such discontinuance.

Code 1950, § 33-76.7; 1950, p. 731; 1970, c. 322; 1978, c. 337; 1981, c. 323; 2011, cc. 36, 152.