33.1-169 - Procedure to secure such abandonment. - Virginia Statutes

§ 33.1-169. Procedure to secure such abandonment.

Such city or town shall certify to the board of supervisors or othergoverning body of the county in which the road or the greater part thereoflies a copy of the ordinance adopted by its council as aforesaid, and theboard of supervisors or other governing body, upon receipt of the same, shallwithin thirty days consider the question of the reasonableness of the actioncontemplated by the city ordinance and shall propose and publish as requiredby law an ordinance approving or disapproving the action contemplated by thecity or town and shall conduct a hearing thereon. In the event that, aftersuch hearing, the board of supervisors or other governing body disapprovesthe proposed flooding, discontinuance and abandonment of the road, the cityor town shall have, as of right, an appeal to the circuit court of the countywhere the question of the reasonableness of the proposed flooding andabandonment shall be heard de novo by the circuit court, or the judge thereofin vacation, and judgment shall be rendered according to its decision. Fromthe judgment a writ of error will lie, in the discretion of the Supreme Courtof Virginia, as in other cases at law.

(Code 1950, § 33-83; 1970, c. 322.)