33.1-162 - Appeal to circuit court. - Virginia Statutes

§ 33.1-162. Appeal to circuit court.

Any one or more of the petitioners or the governing body, within thirty daysfrom the entry of the action of the governing body on the proposal but notafterwards, may appeal from the action of the governing body to the circuitcourt of the county. Where the governing body fails to enter an orderpursuant to § 33.1-161, such person or persons named in this section shallwithin thirty days from such nonentry, but not afterwards, have a right ofappeal to the appropriate circuit court. Such appeals shall be by petitionfiled in the clerk's office of such court, setting out the action or inactionappealed from and the grounds for appeal. Upon the filing of such petitionthe clerk of the circuit court shall docket the appeal, giving it a preferredstatus, and if the appeal be by any of the landowners who filed a petitionwith the governing body for a public hearing, shall have notice of suchappeal served upon the attorney for the Commonwealth and the governing body.No such appeal shall be tried by the court within ten days after notice isgiven, as hereinabove provided, unless such notice be waived. The circuitcourt shall hear the matter de novo with further right of appeal as providedby the general law. The court may appoint viewers to make such investigationand findings as the court requires of them. Upon the hearing of the appeal,the court shall ascertain and by its order determine whether public necessityexists for the continuance of the section of road or the crossing as a publicroad or crossing, or whether the welfare of the public will be served best byabandoning the section of the road or the crossing as a public road orcrossing and shall enter its order accordingly.

Upon any such appeal, if it shall appear to the court that by the abandonmentof such section of road or such crossing as a public road or crossing anyparty to such appeal would be deprived of access to a public road, the courtmay cause the railway company and the governing body, or either, to be madeparties to the proceedings, if not already parties, and may enter such ordersas seem to it just and proper for keeping open such section of road or suchcrossing for the benefit of such party or parties as would by suchabandonment be deprived of access to a public road.

(Code 1950, § 33-76.19; 1950, p. 735; 1970, c. 322; 1978, c. 187.)