{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2270.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2270.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2270.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2270.html"}],"law_id":69505,"edition_id":1,"section_id":69505,"structure_id":14154,"section_number":"15.2-2270","catch_line":"Vacation of interests granted to a locality as a condition of site plan approval","history":"1990, c. 813, \u00a7 15.1-480.1; 1997, c.; 2024, cc. 225, 242; 2025, c. 594.","full_text":"Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to a locality as a condition of the approval of a site plan may be vacated according to either of the following methods:\n\n1\n\nBy a duly executed and acknowledged written instrument of the owner of the land which has been or is to be developed in accordance with the site plan, declaring the interest or interests to be vacated, provided the designated agent of the locality where the land lies consents to the vacation. The instrument shall be recorded in the same clerk&#8217;s office wherein is recorded the written instrument describing the interest in real property to be vacated. The execution and recordation of the instrument shall operate to divest all public rights in, and to reinvest the owner with the title to the interests which formerly were held by the governing body; or2\n\nBy ordinance of the governing body in the locality in which the property which is the subject of an approved site plan lies, provided that no interest shall be vacated in an area in which facilities, for which bonding is required pursuant to &#xA7;&#xA7; 15.2-2241 through 15.2-2245, have been constructed.\n\t\t\tThe ordinance shall not be adopted until after notice has been given as required by &#xA7; 15.2-2204. Any person may appear at the meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may be filed within thirty days of the adoption of the ordinance with the circuit court having jurisdiction of the land over which the governing body&#8217;s interest is located. Upon appeal, the court may nullify the ordinance if it finds that the owner of the property, which has been developed or is to be developed in accordance with the approved site plan, will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in the clerk&#8217;s office of any court in which the instrument creating the governing body&#8217;s interest is recorded.\n\t\t\tThe execution and recordation of an ordinance of vacation shall operate to destroy the effect of the instrument which created the governing body&#8217;s interest so vacated and to divest all public rights in and to the property and vest title in the streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility as may be described in, and in accordance with, the ordinance of vacation.","order_by":null,"text":{"0":{"id":251315,"text":"Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to a locality as a condition of the approval of a site plan may be vacated according to either of the following methods:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":251316,"text":"By a duly executed and acknowledged written instrument of the owner of the land which has been or is to be developed in accordance with the site plan, declaring the interest or interests to be vacated, provided the designated agent of the locality where the land lies consents to the vacation. The instrument shall be recorded in the same clerk&#8217;s office wherein is recorded the written instrument describing the interest in real property to be vacated. The execution and recordation of the instrument shall operate to divest all public rights in, and to reinvest the owner with the title to the interests which formerly were held by the governing body; or","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":251317,"text":"By ordinance of the governing body in the locality in which the property which is the subject of an approved site plan lies, provided that no interest shall be vacated in an area in which facilities, for which bonding is required pursuant to &#xA7;&#xA7; 15.2-2241 through 15.2-2245, have been constructed.\n\t\t\tThe ordinance shall not be adopted until after notice has been given as required by &#xA7; 15.2-2204. Any person may appear at the meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may be filed within thirty days of the adoption of the ordinance with the circuit court having jurisdiction of the land over which the governing body&#8217;s interest is located. Upon appeal, the court may nullify the ordinance if it finds that the owner of the property, which has been developed or is to be developed in accordance with the approved site plan, will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in the clerk&#8217;s office of any court in which the instrument creating the governing body&#8217;s interest is recorded.\n\t\t\tThe execution and recordation of an ordinance of vacation shall operate to destroy the effect of the instrument which created the governing body&#8217;s interest so vacated and to divest all public rights in and to the property and vest title in the streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility as may be described in, and in accordance with, the ordinance of vacation.","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1"}},"ancestry":[{"id":14154,"edition_id":1,"name":"Land Subdivision and Development","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12774,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":155023,"object_type":"structure","relational_id":14154,"identifier":"6","token":"15.2\/II\/22\/6","url":"\/15.2\/II\/22\/6\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12774,"edition_id":1,"name":"Planning, Subdivision of Land and Zoning","identifier":"22","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":154795,"object_type":"structure","relational_id":12774,"identifier":"22","token":"15.2\/II\/22","url":"\/15.2\/II\/22\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83925,"structure_id":14154,"section_number":"15.2-2240","catch_line":"Localities to adopt ordinances regulating subdivision and development of land","url":"\/15.2-2240\/","token":"15.2\/II\/22\/6\/15.2-2240","metadata":false},{"id":81439,"structure_id":14154,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","url":"\/15.2-2241\/","token":"15.2\/II\/22\/6\/15.2-2241","metadata":false},{"id":69877,"structure_id":14154,"section_number":"15.2-2241.1","catch_line":"Bonding requirements for the acceptance of dedication for public use of certain facilities","url":"\/15.2-2241.1\/","token":"15.2\/II\/22\/6\/15.2-2241.1","metadata":false},{"id":62783,"structure_id":14154,"section_number":"15.2-2241.2","catch_line":"Bonding provisions for decommissioning of solar energy equipment, facilities, or devices","url":"\/15.2-2241.2\/","token":"15.2\/II\/22\/6\/15.2-2241.2","metadata":false},{"id":55314,"structure_id":14154,"section_number":"15.2-2242","catch_line":"Optional provisions of a subdivision ordinance","url":"\/15.2-2242\/","token":"15.2\/II\/22\/6\/15.2-2242","metadata":false},{"id":74283,"structure_id":14154,"section_number":"15.2-2243","catch_line":"Payment by subdivider of the pro rata share of the cost of certain facilities","url":"\/15.2-2243\/","token":"15.2\/II\/22\/6\/15.2-2243","metadata":false},{"id":69771,"structure_id":14154,"section_number":"15.2-2243.1","catch_line":"Payment by developer or subdivider","url":"\/15.2-2243.1\/","token":"15.2\/II\/22\/6\/15.2-2243.1","metadata":false},{"id":79464,"structure_id":14154,"section_number":"15.2-2244","catch_line":"Provisions for subdivision of a lot for conveyance to a family member","url":"\/15.2-2244\/","token":"15.2\/II\/22\/6\/15.2-2244","metadata":false},{"id":81830,"structure_id":14154,"section_number":"15.2-2244.1","catch_line":"Additional method for subdivision of a lot for conveyance to a family member","url":"\/15.2-2244.1\/","token":"15.2\/II\/22\/6\/15.2-2244.1","metadata":false},{"id":73711,"structure_id":14154,"section_number":"15.2-2244.2","catch_line":"Subdivision of a lot of property held in trust for a family member","url":"\/15.2-2244.2\/","token":"15.2\/II\/22\/6\/15.2-2244.2","metadata":false},{"id":61355,"structure_id":14154,"section_number":"15.2-2245","catch_line":"Provisions for periodic partial and final release of certain performance guarantees","url":"\/15.2-2245\/","token":"15.2\/II\/22\/6\/15.2-2245","metadata":false},{"id":60263,"structure_id":14154,"section_number":"15.2-2245.1","catch_line":"Stormwater management ponds; removal of trees","url":"\/15.2-2245.1\/","token":"15.2\/II\/22\/6\/15.2-2245.1","metadata":false},{"id":84876,"structure_id":14154,"section_number":"15.2-2246","catch_line":"Site plans submitted in accordance with zoning ordinance","url":"\/15.2-2246\/","token":"15.2\/II\/22\/6\/15.2-2246","metadata":false},{"id":66691,"structure_id":14154,"section_number":"15.2-2247","catch_line":"Applicability of subdivision ordinance to manufactured homes","url":"\/15.2-2247\/","token":"15.2\/II\/22\/6\/15.2-2247","metadata":false},{"id":81106,"structure_id":14154,"section_number":"15.2-2248","catch_line":"Application of certain municipal subdivision regulations beyond corporate limits of municipality","url":"\/15.2-2248\/","token":"15.2\/II\/22\/6\/15.2-2248","metadata":false},{"id":73098,"structure_id":14154,"section_number":"15.2-2249","catch_line":"Application of county subdivision regulations in area subject to municipal jurisdiction","url":"\/15.2-2249\/","token":"15.2\/II\/22\/6\/15.2-2249","metadata":false},{"id":74890,"structure_id":14154,"section_number":"15.2-2250","catch_line":"Disagreement between county and municipality as to regulations","url":"\/15.2-2250\/","token":"15.2\/II\/22\/6\/15.2-2250","metadata":false},{"id":61768,"structure_id":14154,"section_number":"15.2-2251","catch_line":"Local planning commission shall prepare and recommend ordinance; notice and hearing on ordinance","url":"\/15.2-2251\/","token":"15.2\/II\/22\/6\/15.2-2251","metadata":false},{"id":81391,"structure_id":14154,"section_number":"15.2-2252","catch_line":"Filing and recording of ordinance and amendments thereto","url":"\/15.2-2252\/","token":"15.2\/II\/22\/6\/15.2-2252","metadata":false},{"id":56433,"structure_id":14154,"section_number":"15.2-2253","catch_line":"Preparation and adoption of amendments to ordinance","url":"\/15.2-2253\/","token":"15.2\/II\/22\/6\/15.2-2253","metadata":false},{"id":71129,"structure_id":14154,"section_number":"15.2-2254","catch_line":"Statutory provisions effective after ordinance adopted","url":"\/15.2-2254\/","token":"15.2\/II\/22\/6\/15.2-2254","metadata":false},{"id":87454,"structure_id":14154,"section_number":"15.2-2255","catch_line":"Administration and enforcement of regulations","url":"\/15.2-2255\/","token":"15.2\/II\/22\/6\/15.2-2255","metadata":false},{"id":82493,"structure_id":14154,"section_number":"15.2-2256","catch_line":"Procedure to account for fees for common improvements","url":"\/15.2-2256\/","token":"15.2\/II\/22\/6\/15.2-2256","metadata":false},{"id":63483,"structure_id":14154,"section_number":"15.2-2257","catch_line":"Procedure to modify certain covenants in Shenandoah County","url":"\/15.2-2257\/","token":"15.2\/II\/22\/6\/15.2-2257","metadata":false},{"id":76956,"structure_id":14154,"section_number":"15.2-2258","catch_line":"Plat of proposed subdivision and site plans to be submitted for approval","url":"\/15.2-2258\/","token":"15.2\/II\/22\/6\/15.2-2258","metadata":false},{"id":57717,"structure_id":14154,"section_number":"15.2-2259","catch_line":"Designated agent to act on proposed final plat","url":"\/15.2-2259\/","token":"15.2\/II\/22\/6\/15.2-2259","metadata":false},{"id":66152,"structure_id":14154,"section_number":"15.2-2260","catch_line":"Localities may provide for submission of preliminary subdivision plats; how long valid","url":"\/15.2-2260\/","token":"15.2\/II\/22\/6\/15.2-2260","metadata":false},{"id":87205,"structure_id":14154,"section_number":"15.2-2261","catch_line":"Recorded plats or final site plans to be valid for not less than five years","url":"\/15.2-2261\/","token":"15.2\/II\/22\/6\/15.2-2261","metadata":false},{"id":70475,"structure_id":14154,"section_number":"15.2-2261.1","catch_line":"Recorded plat or final site plans; conflicting zoning conditions","url":"\/15.2-2261.1\/","token":"15.2\/II\/22\/6\/15.2-2261.1","metadata":false},{"id":62994,"structure_id":14154,"section_number":"15.2-2262","catch_line":"Requisites of plat","url":"\/15.2-2262\/","token":"15.2\/II\/22\/6\/15.2-2262","metadata":false},{"id":62496,"structure_id":14154,"section_number":"15.2-2263","catch_line":"Expedited land development review procedure","url":"\/15.2-2263\/","token":"15.2\/II\/22\/6\/15.2-2263","metadata":false},{"id":59776,"structure_id":14154,"section_number":"15.2-2264","catch_line":"Statement of consent to subdivision; execution; acknowledgment and recordation; notice to commissioner of the revenue or board of real estate assessors","url":"\/15.2-2264\/","token":"15.2\/II\/22\/6\/15.2-2264","metadata":false},{"id":62030,"structure_id":14154,"section_number":"15.2-2265","catch_line":"Recordation of approved plat as transfer of streets, termination of easements and rights-of-way, etc","url":"\/15.2-2265\/","token":"15.2\/II\/22\/6\/15.2-2265","metadata":false},{"id":76484,"structure_id":14154,"section_number":"15.2-2266","catch_line":"Validation of certain plats recorded before January 1, 1975","url":"\/15.2-2266\/","token":"15.2\/II\/22\/6\/15.2-2266","metadata":false},{"id":60990,"structure_id":14154,"section_number":"15.2-2267","catch_line":"Petition to restrict access to certain public streets","url":"\/15.2-2267\/","token":"15.2\/II\/22\/6\/15.2-2267","metadata":false},{"id":75430,"structure_id":14154,"section_number":"15.2-2268","catch_line":"Localities not obligated to pay for grading, paving, etc","url":"\/15.2-2268\/","token":"15.2\/II\/22\/6\/15.2-2268","metadata":false},{"id":63270,"structure_id":14154,"section_number":"15.2-2269","catch_line":"Plans and specifications for utility fixtures and systems to be submitted for approval","url":"\/15.2-2269\/","token":"15.2\/II\/22\/6\/15.2-2269","metadata":false},{"id":69505,"structure_id":14154,"section_number":"15.2-2270","catch_line":"Vacation of interests granted to a locality as a condition of site plan approval","url":"\/15.2-2270\/","token":"15.2\/II\/22\/6\/15.2-2270","metadata":false},{"id":60575,"structure_id":14154,"section_number":"15.2-2271","catch_line":"Vacation of plat before sale of lot therein; ordinance of vacation","url":"\/15.2-2271\/","token":"15.2\/II\/22\/6\/15.2-2271","metadata":false},{"id":74652,"structure_id":14154,"section_number":"15.2-2272","catch_line":"Vacation of plat after sale of lot","url":"\/15.2-2272\/","token":"15.2\/II\/22\/6\/15.2-2272","metadata":false},{"id":78526,"structure_id":14154,"section_number":"15.2-2273","catch_line":"Fee for processing application under \u00a7 15.2-2271 or \u00a7 15.2-2272","url":"\/15.2-2273\/","token":"15.2\/II\/22\/6\/15.2-2273","metadata":false},{"id":63615,"structure_id":14154,"section_number":"15.2-2274","catch_line":"Effect of vacation under \u00a7 15.2-2272","url":"\/15.2-2274\/","token":"15.2\/II\/22\/6\/15.2-2274","metadata":false},{"id":76597,"structure_id":14154,"section_number":"15.2-2275","catch_line":"Relocation or vacation of boundary lines","url":"\/15.2-2275\/","token":"15.2\/II\/22\/6\/15.2-2275","metadata":false},{"id":71806,"structure_id":14154,"section_number":"15.2-2276","catch_line":"Duty of clerk when plat vacated","url":"\/15.2-2276\/","token":"15.2\/II\/22\/6\/15.2-2276","metadata":false},{"id":87419,"structure_id":14154,"section_number":"15.2-2277","catch_line":"Franklin County may require that notice be given to deed grantees of certain disclaimers regarding responsibility for roads; county eligible to have certain streets taken into secondary system","url":"\/15.2-2277\/","token":"15.2\/II\/22\/6\/15.2-2277","metadata":false},{"id":67221,"structure_id":14154,"section_number":"15.2-2278","catch_line":"Vacating plat of subdivision","url":"\/15.2-2278\/","token":"15.2\/II\/22\/6\/15.2-2278","metadata":false},{"id":77000,"structure_id":14154,"section_number":"15.2-2279","catch_line":"Ordinances regulating the building of houses and establishing setback lines","url":"\/15.2-2279\/","token":"15.2\/II\/22\/6\/15.2-2279","metadata":false}],"previous_section":{"id":63270,"structure_id":14154,"section_number":"15.2-2269","catch_line":"Plans and specifications for utility fixtures and systems to be submitted for approval","url":"\/15.2-2269\/","token":"15.2\/II\/22\/6\/15.2-2269","metadata":false},"next_section":{"id":60575,"structure_id":14154,"section_number":"15.2-2271","catch_line":"Vacation of plat before sale of lot therein; ordinance of vacation","url":"\/15.2-2271\/","token":"15.2\/II\/22\/6\/15.2-2271","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2270\/","history_text":"<p>This law was first created in 1990. The record of its establishment is cataloged in chapter 813 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2024, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0225\">225<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?241+ful+CHAP0242\">242<\/a>; in 2025, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?251+ful+CHAP0594\">594<\/a>.<\/p>","references":[{"id":87205,"section_number":"15.2-2261","catch_line":"Recorded plats or final site plans to be valid for not less than five years","order_by":null,"url":"\/15.2-2261\/"}],"refers_to":[{"id":73996,"section_number":"15.2-2204","catch_line":"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments","order_by":null,"url":"\/15.2-2204\/"},{"id":81439,"section_number":"15.2-2241","catch_line":"Mandatory provisions of a subdivision ordinance","order_by":null,"url":"\/15.2-2241\/"},{"id":61355,"section_number":"15.2-2245","catch_line":"Provisions for periodic partial and final release of certain performance guarantees","order_by":null,"url":"\/15.2-2245\/"}],"permalink":{"id":155173,"object_type":"law","relational_id":69505,"identifier":"15.2-2270","token":"15.2\/II\/22\/6\/15.2-2270","url":"\/15.2-2270\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2270\/","token":"15.2\/II\/22\/6\/15.2-2270","dublin_core":{"Title":"Vacation of interests granted to a locality as a condition of site plan approval","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2270","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Any interest in <span class=\"dictionary\">streets<\/span>, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to a <span class=\"dictionary\">locality<\/span> as a condition of the approval of a <span class=\"dictionary\">site plan<\/span> may be vacated according to either of the following methods:<\/p><\/section>\n\t\t\t\t\t\t<section id=\"1\"><p><span class=\"prefix-number\">1.<\/span> By a duly executed and acknowledged written instrument of the owner of the land which has been or is to be developed in accordance with the <span class=\"dictionary\">site plan<\/span>, declaring the interest or interests to be vacated, provided the <span class=\"dictionary\">designated agent<\/span> of the <span class=\"dictionary\">locality<\/span> where the land lies consents to the vacation. The instrument shall be recorded in the same clerk&#8217;s office wherein is recorded the written instrument describing the interest in real property to be vacated. The execution and recordation of the instrument shall operate to divest all public rights in, and to reinvest the owner with the title to the interests which formerly were held by the <span class=\"dictionary\">governing body<\/span>; or <a id=\"paragraph-251316\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2270\/#1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"2\"><p><span class=\"prefix-number\">2.<\/span> By <span class=\"dictionary\">ordinance<\/span> of the <span class=\"dictionary\">governing body<\/span> in the <span class=\"dictionary\">locality<\/span> in which the property which is the subject of an approved <span class=\"dictionary\">site plan<\/span> lies, provided that no interest shall be vacated in an area in which facilities, for which bonding is required pursuant to &#xA7;&#xA7; <a class=\"law\" title=\"Mandatory provisions of a subdivision ordinance\" href=\"\/15.2-2241\/\">15.2-2241<\/a> through <a class=\"law\" title=\"Provisions for periodic partial and final release of certain performance guarantees\" href=\"\/15.2-2245\/\">15.2-2245<\/a>, have been constructed.\n\t\t\tThe <span class=\"dictionary\">ordinance<\/span> shall not be adopted until after notice has been given as required by &#xA7; <a class=\"law\" title=\"Advertisement of plans, ordinances, etc.; joint public hearings; written notice of certain amendments\" href=\"\/15.2-2204\/\">15.2-2204<\/a>. Any person may appear at the meeting for the purpose of objecting to the adoption of the <span class=\"dictionary\">ordinance<\/span>. An <span class=\"dictionary\">appeal<\/span> from the adoption of the <span class=\"dictionary\">ordinance<\/span> may be filed within thirty days of the adoption of the <span class=\"dictionary\">ordinance<\/span> with the <span class=\"dictionary\">circuit<\/span> <span class=\"dictionary\">court<\/span> having <span class=\"dictionary\">jurisdiction<\/span> of the land over which the <span class=\"dictionary\">governing body<\/span>&#8217;s interest is located. Upon <span class=\"dictionary\">appeal<\/span>, the <span class=\"dictionary\">court<\/span> may nullify the <span class=\"dictionary\">ordinance<\/span> if it finds that the owner of the property, which has been developed or is to be developed in accordance with the approved <span class=\"dictionary\">site plan<\/span>, will be irreparably damaged. If no <span class=\"dictionary\">appeal<\/span> from the adoption of the <span class=\"dictionary\">ordinance<\/span> is filed within the time above provided or if the <span class=\"dictionary\">ordinance<\/span> is upheld on <span class=\"dictionary\">appeal<\/span>, a certified copy of the <span class=\"dictionary\">ordinance<\/span> of vacation may be recorded in the clerk&#8217;s office of any <span class=\"dictionary\">court<\/span> in which the instrument creating the <span class=\"dictionary\">governing body<\/span>&#8217;s interest is recorded.\n\t\t\tThe execution and recordation of an <span class=\"dictionary\">ordinance<\/span> of vacation shall operate to destroy the effect of the instrument which created the <span class=\"dictionary\">governing body<\/span>&#8217;s interest so vacated and to divest all public rights in and to the property and vest title in the <span class=\"dictionary\">streets<\/span>, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility as may be described in, and in accordance with, the <span class=\"dictionary\">ordinance<\/span> of vacation. <a id=\"paragraph-251317\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/15.2-2270\/#2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nVACATION OF INTERESTS GRANTED TO A LOCALITY AS A CONDITION OF SITE PLAN APPROVAL\n(\u00a7 15.2-2270)\n\nAny interest in streets, alleys, easements for public rights of passage,\neasements for drainage, and easements for a public utility granted to a locality\nas a condition of the approval of a site plan may be vacated according to either\nof the following methods:\n\n1. By a duly executed and acknowledged written instrument of the owner of the\nland which has been or is to be developed in accordance with the site plan,\ndeclaring the interest or interests to be vacated, provided the designated agent\nof the locality where the land lies consents to the vacation. The instrument\nshall be recorded in the same clerk&#8217;s office wherein is recorded the\nwritten instrument describing the interest in real property to be vacated. The\nexecution and recordation of the instrument shall operate to divest all public\nrights in, and to reinvest the owner with the title to the interests which\nformerly were held by the governing body; or\n\n2. By ordinance of the governing body in the locality in which the property\nwhich is the subject of an approved site plan lies, provided that no interest\nshall be vacated in an area in which facilities, for which bonding is required\npursuant to &#xA7;&#xA7; 15.2-2241 through 15.2-2245, have been constructed.\n\t\t\tThe ordinance shall not be adopted until after notice has been given as\nrequired by &#xA7; 15.2-2204. Any person may appear at the meeting for the\npurpose of objecting to the adoption of the ordinance. An appeal from the\nadoption of the ordinance may be filed within thirty days of the adoption of the\nordinance with the circuit court having jurisdiction of the land over which the\ngoverning body&#8217;s interest is located. Upon appeal, the court may nullify\nthe ordinance if it finds that the owner of the property, which has been\ndeveloped or is to be developed in accordance with the approved site plan, will\nbe irreparably damaged. If no appeal from the adoption of the ordinance is filed\nwithin the time above provided or if the ordinance is upheld on appeal, a\ncertified copy of the ordinance of vacation may be recorded in the clerk&#8217;s\noffice of any court in which the instrument creating the governing body&#8217;s\ninterest is recorded.\n\t\t\tThe execution and recordation of an ordinance of vacation shall operate to\ndestroy the effect of the instrument which created the governing body&#8217;s\ninterest so vacated and to divest all public rights in and to the property and\nvest title in the streets, alleys, easements for public rights of passage,\neasements for drainage, and easements for a public utility as may be described\nin, and in accordance with, the ordinance of vacation.\n\nHISTORY: 1990, c. 813, \u00a7 15.1-480.1; 1997, c.; 2024, cc. 225, 242; 2025, c.\n594.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}