33.1-246 - Discontinuance of gates on public roads. - Virginia Statutes

§ 33.1-246. Discontinuance of gates on public roads.

Whenever a public road is, or has been, established with gates, any personmay apply to the board or other governing body of the county to have suchgate or gates discontinued, on which application proceedings shall be had inaccordance with the applicable provisions of §§ 33.1-230 to 33.1-240. If theboard or other governing body decides that the gate or gates shall beremoved, it shall direct the sheriff of the county to remove the same and thesheriff shall do so at such time as the board or other governing body maydirect.

When damages are allowed to any person or persons on account of the removalof such gate or gates, such damages and the costs incident to the proceedingshall be paid out of the county levy. Any such person shall have an appeal ofright to the circuit court of the county, at any time within ten days fromthe date of the order making such allowance, but only from the amount ofdamages allowed.

(Code 1950, § 33-161; 1970, c. 322.)