33.1-146 - Effect of such abandonment. - Virginia Statutes

§ 33.1-146. Effect of such abandonment.

In case of the abandonment of any section of road or any railroad crossingunder the provisions of this article as a part of the State Highway System,such section of road or such crossing shall not thereafter be a public roador crossing as the case may be, unless conveyed to the county or town andsubject to the authority of the board of supervisors or other governing bodyor other local road authorities, or town council, as provided by law. In caseof proceedings for the abandonment of any section of road, not including arailroad crossing situated less than one and one-half miles from anotherpublic crossing over the same railroad, as a public road, under theprovisions of this article, the board of supervisors or other governing bodyor the local road authorities, as the case may be, insofar as such section ofroad is located within the county of such board of supervisors or local roadauthorities, shall have authority to take over such section of road, notincluding the railroad crossing, and maintain it as a public road, asprovided by law; provided, however, the board of supervisors or othergoverning body or local road authorities, as the case may be, shall haveentered an order or resolution to that effect upon its minutes and shall havegiven notice thereof to the Commissioner within thirty days from the postingor publishing and the mailing of the notice of the application for theabandonment of such section of road as a public road, as hereinbeforeprovided.

(Code 1950, § 33-76.3; 1950, p. 728; 1970, c. 322.)