33.1-150 - Discontinuance of road, public landing, or railway crossing as part of secondary system. - Virginia Statutes

§ 33.1-150. Discontinuance of road, public landing, or railway crossing aspart of secondary system.

On petition of the governing body of any county in which a road, publiclanding, or crossing is located or upon petition of the town council of atown having a population of 3,500 or less, or on its own motion the Board maydiscontinue any road, public landing, or crossing in the secondary system asa part thereof in any case in which the Board deems such road, publiclanding, or crossing not required for public convenience. If the Board on itsown motion desires to discontinue any such road, public landing, or crossing,notice shall be given the governing body of the county and town at leastthirty days prior to any discontinuance of a road or crossing under thissection. In addition, in cases where only a road or public landing or themaintenance thereof is to be discontinued, notice of such intention shall begiven to the public, at least thirty days prior to such action by onepublication in a newspaper having general circulation in the county in whichthe affected road is situated and, where practicable, by a registered letterto each landowner whose property abuts the section of road or public landingto be discontinued; for the purposes of this section, the representative ofthe Board charged with giving notice may, where practicable, rely upon thetax records of the county to determine the names and addresses of suchowners. These additional notice provisions shall not be required in caseswhere the section of road to be discontinued has been replaced by a new roadserving the same citizens. If the governing body of any county or townrequests a hearing, or upon petition of any landowner whose property abuts aroad or public landing which is to be discontinued, the Board, or arepresentative thereof, shall hold a hearing in the county in which the road,public landing, or crossing is located in order to ascertain whether or notsuch road, public landing, or crossing should be discontinued. From thefinding of the Board an appeal shall lie to the circuit court of the countyin which such road, public landing, or crossing is located and the procedurethereon shall conform to the procedure prescribed in § 33.1-147. Thejurisdiction and procedure for abandonment of roads and public landingsdiscontinued as parts of the secondary system in accordance with this articleshall remain in the local road authorities.

(Code 1950, § 33-76.7; 1950, p. 731; 1970, c. 322; 1978, c. 337; 1981, c.323.)