{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-902.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-902.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-902.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-902.html"}],"law_id":62954,"edition_id":1,"section_id":62954,"structure_id":13180,"section_number":"33.2-902","catch_line":"Abandonment of highway or railroad crossing; procedure","history":"Code 1950, \u00a7 33-76.2; 1950, p. 727; 1970, c. 322, \u00a7 33.1-145; 1978, c. 187; 1980, c. 39; 2014, c. 805.","full_text":"A\n\nThe Commissioner of Highways either on his own motion or upon petition of any interested landowner may cause any section of a highway in the primary state highway system, or any crossing by such highway of the lines of a railroad company or crossing by the lines of a railroad company of such highway, to be abandoned altogether as a public highway or as a public crossing by complying substantially with the procedure provided in this section.B\n\nThe Commissioner of Highways or any interested landowner may file application with the Board setting out the section of the highway or the railroad crossing sought to be abandoned as a public highway or public railroad crossing. The Board shall give notice of the filing of the application (i) by posting a notice of such application at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of the highway or railroad crossing sought to be abandoned as a public highway or public railroad crossing is located, or if the section of the highway or the railroad crossing is located partly in two or more counties, at the front door of the courthouse of each county, or (ii) by publishing a notice of such application in two or more issues of a newspaper published in the county or one of the counties in which the section of the highway or the crossing is located. The Board shall also send by registered mail a notice of the application to the governing body of the county or counties. If such highway or railroad crossing is in a town with a population of 3,500 or less, the Board shall give notice to the governing body of the town in the same manner as notice is required to be given to the governing body of the county in which the town is located.C\n\nIf one or more landowners in the county or counties affected by such proposed abandonment or the governing body of a county or town in which the highway or railroad crossing is located files a petition with the Board within 30 days after notice is posted or published and mailed as provided in this section, the Board or a representative thereof shall hold a public hearing in the county or one of the counties for consideration of the application and shall give notice of the time and place of the hearing by publishing such information in at least two issues in a newspaper having general circulation in the county or one of the counties and by mailing notice of the hearing to the governing body of the county or counties, and if applicable to the governing body of the town, in which the highway or railroad crossing is located.D\n\nIf a petition for a public hearing is not filed as provided in this section, or if after a public hearing is held a majority of the Board is satisfied that no public necessity exists for the continuance of the section of highway as a public highway or the railroad crossing as a public railroad crossing or that the welfare of the public would be served best by abandoning the section of highway or the railroad crossing as a public highway or public railroad crossing, the Board shall (i) within four months of the 30-day period during which notice was posted where no petition for a public hearing was filed or (ii) within four months after the public hearing enter an order on its minutes abandoning the section of highway as a public highway or the railroad crossing as a public railroad crossing, and with that order the section of highway shall cease to be a public highway, unless the local governing body takes control as provided in this article, or the railroad crossing shall cease to be a public railroad crossing. If the Board is not so satisfied, it shall enter an order dismissing the application within the applicable four months provided in this subsection.E\n\nIn considering the abandonment of any section of highway under the provisions of this section, due consideration shall be given to the historic value, if any, of such highway.","order_by":null,"text":{"0":{"id":229636,"text":"The Commissioner of Highways either on his own motion or upon petition of any interested landowner may cause any section of a highway in the primary state highway system, or any crossing by such highway of the lines of a railroad company or crossing by the lines of a railroad company of such highway, to be abandoned altogether as a public highway or as a public crossing by complying substantially with the procedure provided in this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":229637,"text":"The Commissioner of Highways or any interested landowner may file application with the Board setting out the section of the highway or the railroad crossing sought to be abandoned as a public highway or public railroad crossing. The Board shall give notice of the filing of the application (i) by posting a notice of such application at least three days before the first day of a regular term of the circuit court at the front door of the courthouse of the county in which the section of the highway or railroad crossing sought to be abandoned as a public highway or public railroad crossing is located, or if the section of the highway or the railroad crossing is located partly in two or more counties, at the front door of the courthouse of each county, or (ii) by publishing a notice of such application in two or more issues of a newspaper published in the county or one of the counties in which the section of the highway or the crossing is located. The Board shall also send by registered mail a notice of the application to the governing body of the county or counties. If such highway or railroad crossing is in a town with a population of 3,500 or less, the Board shall give notice to the governing body of the town in the same manner as notice is required to be given to the governing body of the county in which the town is located.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":229638,"text":"If one or more landowners in the county or counties affected by such proposed abandonment or the governing body of a county or town in which the highway or railroad crossing is located files a petition with the Board within 30 days after notice is posted or published and mailed as provided in this section, the Board or a representative thereof shall hold a public hearing in the county or one of the counties for consideration of the application and shall give notice of the time and place of the hearing by publishing such information in at least two issues in a newspaper having general circulation in the county or one of the counties and by mailing notice of the hearing to the governing body of the county or counties, and if applicable to the governing body of the town, in which the highway or railroad crossing is located.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":229639,"text":"If a petition for a public hearing is not filed as provided in this section, or if after a public hearing is held a majority of the Board is satisfied that no public necessity exists for the continuance of the section of highway as a public highway or the railroad crossing as a public railroad crossing or that the welfare of the public would be served best by abandoning the section of highway or the railroad crossing as a public highway or public railroad crossing, the Board shall (i) within four months of the 30-day period during which notice was posted where no petition for a public hearing was filed or (ii) within four months after the public hearing enter an order on its minutes abandoning the section of highway as a public highway or the railroad crossing as a public railroad crossing, and with that order the section of highway shall cease to be a public highway, unless the local governing body takes control as provided in this article, or the railroad crossing shall cease to be a public railroad crossing. If the Board is not so satisfied, it shall enter an order dismissing the application within the applicable four months provided in this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":229640,"text":"In considering the abandonment of any section of highway under the provisions of this section, due consideration shall be given to the historic value, if any, of such highway.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13180,"edition_id":1,"name":"Abandonment and Discontinuance of Highways in Primary State Highway System","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":13179,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":206335,"object_type":"structure","relational_id":13180,"identifier":"1","token":"33.2\/II\/9\/1","url":"\/33.2\/II\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13179,"edition_id":1,"name":"Abandonment and Discontinuance of Highways and Roads","identifier":"9","label":"chapter","depth":3,"order_by":1,"parent_id":12830,"metadata":{},"date_created":"2026-06-26 03:44:24","date_modified":"2026-06-26 03:44:24","permalink":{"id":206333,"object_type":"structure","relational_id":13179,"identifier":"9","token":"33.2\/II\/9","url":"\/33.2\/II\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12830,"edition_id":1,"name":"Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12806,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":205369,"object_type":"structure","relational_id":12830,"identifier":"II","token":"33.2\/II","url":"\/33.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12806,"edition_id":1,"name":"Highways and Other Surface Transportation Systems","identifier":"33.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:54","date_modified":"2026-06-26 03:43:54","permalink":{"id":204785,"object_type":"structure","relational_id":12806,"identifier":"33.2","token":"33.2","url":"\/33.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68569,"structure_id":13180,"section_number":"33.2-900","catch_line":"Definitions","url":"\/33.2-900\/","token":"33.2\/II\/9\/1\/33.2-900","metadata":false},{"id":76913,"structure_id":13180,"section_number":"33.2-901","catch_line":"Discontinuance of a section of a highway or railroad crossing","url":"\/33.2-901\/","token":"33.2\/II\/9\/1\/33.2-901","metadata":false},{"id":62954,"structure_id":13180,"section_number":"33.2-902","catch_line":"Abandonment of highway or railroad crossing; procedure","url":"\/33.2-902\/","token":"33.2\/II\/9\/1\/33.2-902","metadata":false},{"id":80931,"structure_id":13180,"section_number":"33.2-903","catch_line":"Grade crossing closing and safety","url":"\/33.2-903\/","token":"33.2\/II\/9\/1\/33.2-903","metadata":false},{"id":83588,"structure_id":13180,"section_number":"33.2-904","catch_line":"Effect of abandonment","url":"\/33.2-904\/","token":"33.2\/II\/9\/1\/33.2-904","metadata":false},{"id":80846,"structure_id":13180,"section_number":"33.2-905","catch_line":"Appeal to circuit court","url":"\/33.2-905\/","token":"33.2\/II\/9\/1\/33.2-905","metadata":false},{"id":54195,"structure_id":13180,"section_number":"33.2-906","catch_line":"Alternative procedure for abandonment of old highway or railroad crossing to extent of alteration","url":"\/33.2-906\/","token":"33.2\/II\/9\/1\/33.2-906","metadata":false},{"id":83395,"structure_id":13180,"section_number":"33.2-907","catch_line":"Conveying sections of highways or other property no longer necessary","url":"\/33.2-907\/","token":"33.2\/II\/9\/1\/33.2-907","metadata":false}],"previous_section":{"id":76913,"structure_id":13180,"section_number":"33.2-901","catch_line":"Discontinuance of a section of a highway or railroad crossing","url":"\/33.2-901\/","token":"33.2\/II\/9\/1\/33.2-901","metadata":false},"next_section":{"id":80931,"structure_id":13180,"section_number":"33.2-903","catch_line":"Grade crossing closing and safety","url":"\/33.2-903\/","token":"33.2\/II\/9\/1\/33.2-903","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-902\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1970, chapter 322; in 1978, chapter 187; in 1980, chapter 39; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":76913,"section_number":"33.2-901","catch_line":"Discontinuance of a section of a highway or railroad crossing","order_by":null,"url":"\/33.2-901\/"},{"id":80931,"section_number":"33.2-903","catch_line":"Grade crossing closing and safety","order_by":null,"url":"\/33.2-903\/"},{"id":80846,"section_number":"33.2-905","catch_line":"Appeal to circuit court","order_by":null,"url":"\/33.2-905\/"},{"id":83395,"section_number":"33.2-907","catch_line":"Conveying sections of highways or other property no longer necessary","order_by":null,"url":"\/33.2-907\/"}],"refers_to":false,"permalink":{"id":206345,"object_type":"law","relational_id":62954,"identifier":"33.2-902","token":"33.2\/II\/9\/1\/33.2-902","url":"\/33.2-902\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-902\/","token":"33.2\/II\/9\/1\/33.2-902","dublin_core":{"Title":"Abandonment of highway or railroad crossing; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-902","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Commissioner of Highways<\/span> either on his own motion<\/span> or upon petition<\/span> of any interested landowner may cause any section of a highway<\/span> in the primary state highway<\/span> system, or any crossing by such highway<\/span> of the lines of a railroad company or crossing by the lines of a railroad company of such highway<\/span>, to be abandoned altogether as a public highway<\/span> or as a public crossing by complying substantially with the procedure provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Commissioner of Highways<\/span> or any interested landowner may file application with the Board<\/span> setting out the section of the highway<\/span> or the railroad crossing sought to be abandoned as a public highway<\/span> or public railroad crossing. The Board<\/span> shall give notice of the filing of the application (i) by posting a notice of such application at least three days before the first day of a regular term of the circuit<\/span> court<\/span> at the front door of the courthouse of the county in which the section of the highway<\/span> or railroad crossing sought to be abandoned as a public highway<\/span> or public railroad crossing is located, or if the section of the highway<\/span> or the railroad crossing is located partly in two or more counties, at the front door of the courthouse of each county, or (ii) by publishing a notice of such application in two or more issues<\/span> of a newspaper published in the county or one of the counties in which the section of the highway<\/span> or the crossing is located. The Board<\/span> shall also send by registered mail a notice of the application to the governing body of the county or counties. If such highway<\/span> or railroad crossing is in a town with a population of 3,500 or less, the Board<\/span> shall give notice to the governing body of the town in the same manner as notice is required to be given to the governing body of the county in which the town is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If one or more landowners in the county or counties affected by such proposed abandonment<\/span> or the governing body of a county or town in which the highway<\/span> or railroad crossing is located files a petition<\/span> with the Board<\/span> within 30 days after notice is posted or published and mailed as provided in this section, the Board<\/span> or a representative thereof shall hold a public hearing<\/span> in the county or one of the counties for consideration of the application and shall give notice of the time and place of the hearing<\/span> by publishing such information in at least two issues<\/span> in a newspaper having general circulation in the county or one of the counties and by mailing notice of the hearing<\/span> to the governing body of the county or counties, and if applicable to the governing body of the town, in which the highway<\/span> or railroad crossing is located. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a petition<\/span> for a public hearing<\/span> is not filed as provided in this section, or if after a public hearing<\/span> is held a majority of the Board<\/span> is satisfied that no public necessity exists for the continuance<\/span> of the section of highway<\/span> as a public highway<\/span> or the railroad crossing as a public railroad crossing or that the welfare of the public would be served best by abandoning the section of highway<\/span> or the railroad crossing as a public highway<\/span> or public railroad crossing, the Board<\/span> shall (i) within four months of the 30-day period during which notice was posted where no petition<\/span> for a public hearing<\/span> was filed or (ii) within four months after the public hearing<\/span> enter an order<\/span> on its minutes abandoning the section of highway<\/span> as a public highway<\/span> or the railroad crossing as a public railroad crossing, and with that order<\/span> the section of highway<\/span> shall cease to be a public highway<\/span>, unless the local governing body takes control as provided in this article, or the railroad crossing shall cease to be a public railroad crossing. If the Board<\/span> is not so satisfied, it shall enter an order<\/span> dismissing the application within the applicable four months provided in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> In considering the abandonment<\/span> of any section of highway<\/span> under the provisions of this section, due consideration shall be given to the historic value, if any, of such highway<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABANDONMENT OF HIGHWAY OR RAILROAD CROSSING; PROCEDURE (\u00a7 33.2-902)\n\nA. The Commissioner of Highways either on his own motion or upon petition of any\ninterested landowner may cause any section of a highway in the primary state\nhighway system, or any crossing by such highway of the lines of a railroad\ncompany or crossing by the lines of a railroad company of such highway, to be\nabandoned altogether as a public highway or as a public crossing by complying\nsubstantially with the procedure provided in this section.\n\nB. The Commissioner of Highways or any interested landowner may file application\nwith the Board setting out the section of the highway or the railroad crossing\nsought to be abandoned as a public highway or public railroad crossing. The\nBoard shall give notice of the filing of the application (i) by posting a notice\nof such application at least three days before the first day of a regular term\nof the circuit court at the front door of the courthouse of the county in which\nthe section of the highway or railroad crossing sought to be abandoned as a\npublic highway or public railroad crossing is located, or if the section of the\nhighway or the railroad crossing is located partly in two or more counties, at\nthe front door of the courthouse of each county, or (ii) by publishing a notice\nof such application in two or more issues of a newspaper published in the county\nor one of the counties in which the section of the highway or the crossing is\nlocated. The Board shall also send by registered mail a notice of the\napplication to the governing body of the county or counties. If such highway or\nrailroad crossing is in a town with a population of 3,500 or less, the Board\nshall give notice to the governing body of the town in the same manner as notice\nis required to be given to the governing body of the county in which the town is\nlocated.\n\nC. If one or more landowners in the county or counties affected by such proposed\nabandonment or the governing body of a county or town in which the highway or\nrailroad crossing is located files a petition with the Board within 30 days\nafter notice is posted or published and mailed as provided in this section, the\nBoard or a representative thereof shall hold a public hearing in the county or\none of the counties for consideration of the application and shall give notice\nof the time and place of the hearing by publishing such information in at least\ntwo issues in a newspaper having general circulation in the county or one of the\ncounties and by mailing notice of the hearing to the governing body of the\ncounty or counties, and if applicable to the governing body of the town, in\nwhich the highway or railroad crossing is located.\n\nD. If a petition for a public hearing is not filed as provided in this section,\nor if after a public hearing is held a majority of the Board is satisfied that\nno public necessity exists for the continuance of the section of highway as a\npublic highway or the railroad crossing as a public railroad crossing or that\nthe welfare of the public would be served best by abandoning the section of\nhighway or the railroad crossing as a public highway or public railroad\ncrossing, the Board shall (i) within four months of the 30-day period during\nwhich notice was posted where no petition for a public hearing was filed or (ii)\nwithin four months after the public hearing enter an order on its minutes\nabandoning the section of highway as a public highway or the railroad crossing\nas a public railroad crossing, and with that order the section of highway shall\ncease to be a public highway, unless the local governing body takes control as\nprovided in this article, or the railroad crossing shall cease to be a public\nrailroad crossing. If the Board is not so satisfied, it shall enter an order\ndismissing the application within the applicable four months provided in this\nsubsection.\n\nE. In considering the abandonment of any section of highway under the provisions\nof this section, due consideration shall be given to the historic value, if any,\nof such highway.\n\nHISTORY: Code 1950, \u00a7 33-76.2; 1950, p. 727; 1970, c. 322, \u00a7 33.1-145; 1978,\nc. 187; 1980, c. 39; 2014, c. 805.","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}}