{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-905.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-905.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-905.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-905.html"}],"law_id":80846,"edition_id":1,"section_id":80846,"structure_id":13180,"section_number":"33.2-905","catch_line":"Appeal to circuit court","history":"Code 1950, \u00a7 33-76.4; 1950, p. 729; 1970, c. 322, \u00a7 33.1-147; 1978, c. 187; 2014, c. 805.","full_text":"A\n\nAny one or more of the landowners who filed a petition, the governing body of any county or town in which the section of highway or the railroad crossing is wholly or partly located, or the Commissioner of Highways may within 30 days from the entry of the order by the Board appeal from the order to the circuit court of the county in which the section of highway or the railroad crossing, or the major portion thereof, sought to be abandoned under § 33.2-902 is located. If the Board fails to enter an order pursuant to § 33.2-902, such person or persons named in this section may appeal to the appropriate circuit court within 30 days from such failure. Such appeal shall be filed by petition in the clerk’s office of such court, setting out the order appealed from or the cause appealed from where no order was entered and the grounds of such appeal. Upon the filing of such petition, the clerk of the circuit court shall docket the appeal, giving it a preferred status. If the appeal is by any of the landowners who filed a petition with the Board for a public hearing, notice of such appeal shall be served upon the attorney for the Commonwealth and the Commissioner of Highways. If the appeal is by the local governing body or the Commissioner of Highways, notice of such appeal shall be served upon the landowners who filed petition with the Board for a public hearing. No such appeal shall be tried by the court within 10 days after notice is given as provided in this section unless such notice is waived. The circuit court shall hear the matter de novo with further right of appeal as provided by law. Upon the hearing of the appeal, the court shall ascertain and by its order determine whether public necessity exists for the continuance of the section of highway or the railroad crossing as a public highway or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway or the railroad crossing as a public highway or public railroad crossing and shall enter its order accordingly. The clerk of the court shall certify a copy of the order of the court to the Board.B\n\nUpon any such appeal, if it appears to the court that by the abandonment of such section of highway or such railroad crossing as a public highway or public railroad crossing any party to such appeal would be deprived of access to a public highway, the court may cause the railroad company or the local governing body to be made parties to the proceedings, if not already parties, and may enter such orders as seem just and proper for keeping open such section of highway or such railroad crossing for the benefit of such party or parties.C\n\nThe provisions of this section shall not apply to any discontinuance of a portion of the primary state highway system under § 33.2-901.","order_by":null,"text":{"0":{"id":289789,"text":"Any one or more of the landowners who filed a petition, the governing body of any county or town in which the section of highway or the railroad crossing is wholly or partly located, or the Commissioner of Highways may within 30 days from the entry of the order by the Board appeal from the order to the circuit court of the county in which the section of highway or the railroad crossing, or the major portion thereof, sought to be abandoned under § 33.2-902 is located. If the Board fails to enter an order pursuant to § 33.2-902, such person or persons named in this section may appeal to the appropriate circuit court within 30 days from such failure. Such appeal shall be filed by petition in the clerk’s office of such court, setting out the order appealed from or the cause appealed from where no order was entered and the grounds of such appeal. Upon the filing of such petition, the clerk of the circuit court shall docket the appeal, giving it a preferred status. If the appeal is by any of the landowners who filed a petition with the Board for a public hearing, notice of such appeal shall be served upon the attorney for the Commonwealth and the Commissioner of Highways. If the appeal is by the local governing body or the Commissioner of Highways, notice of such appeal shall be served upon the landowners who filed petition with the Board for a public hearing. No such appeal shall be tried by the court within 10 days after notice is given as provided in this section unless such notice is waived. The circuit court shall hear the matter de novo with further right of appeal as provided by law. Upon the hearing of the appeal, the court shall ascertain and by its order determine whether public necessity exists for the continuance of the section of highway or the railroad crossing as a public highway or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway or the railroad crossing as a public highway or public railroad crossing and shall enter its order accordingly. The clerk of the court shall certify a copy of the order of the court to the Board.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289790,"text":"Upon any such appeal, if it appears to the court that by the abandonment of such section of highway or such railroad crossing as a public highway or public railroad crossing any party to such appeal would be deprived of access to a public highway, the court may cause the railroad company or the local governing body to be made parties to the proceedings, if not already parties, and may enter such orders as seem just and proper for keeping open such section of highway or such railroad crossing for the benefit of such party or parties.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289791,"text":"The provisions of this section shall not apply to any discontinuance of a portion of the primary state highway system under § 33.2-901.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-905\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 3 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 2014, chapter 805<\/a>.<\/p>","references":[{"id":64745,"section_number":"33.2-908","catch_line":"Discontinuance of highway, landing, or railroad crossing; procedure","order_by":null,"url":"\/33.2-908\/"}],"refers_to":[{"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":62954,"section_number":"33.2-902","catch_line":"Abandonment of highway or railroad crossing; procedure","order_by":null,"url":"\/33.2-902\/"}],"permalink":{"id":206357,"object_type":"law","relational_id":80846,"identifier":"33.2-905","token":"33.2\/II\/9\/1\/33.2-905","url":"\/33.2-905\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-905\/","token":"33.2\/II\/9\/1\/33.2-905","dublin_core":{"Title":"Appeal to circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-905","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any one or more of the landowners who filed a petition<\/span>, the governing body of any county or town in which the section of highway<\/span> or the railroad crossing is wholly or partly located, or the Commissioner of Highways<\/span> may within 30 days from the entry of the order<\/span> by the Board<\/span> appeal<\/span> from the order<\/span> to the circuit<\/span> court<\/span> of the county in which the section of highway<\/span> or the railroad crossing, or the major portion thereof, sought to be abandoned under § 33.2-902<\/a> is located. If the Board<\/span> fails to enter an order<\/span> pursuant to § 33.2-902<\/a>, such person or persons named in this section may appeal<\/span> to the appropriate circuit<\/span> court<\/span> within 30 days from such failure. Such appeal<\/span> shall be filed by petition<\/span> in the clerk’s office of such court<\/span>, setting out the order<\/span> appealed from or the cause appealed from where no order<\/span> was entered and the grounds of such appeal<\/span>. Upon the filing of such petition<\/span>, the clerk of the circuit<\/span> court<\/span> shall docket<\/span> the appeal<\/span>, giving it a preferred status. If the appeal<\/span> is by any of the landowners who filed a petition<\/span> with the Board<\/span> for a public hearing<\/span>, notice of such appeal<\/span> shall be served upon the attorney for the Commonwealth and the Commissioner of Highways<\/span>. If the appeal<\/span> is by the local governing body or the Commissioner of Highways<\/span>, notice of such appeal<\/span> shall be served upon the landowners who filed petition<\/span> with the Board<\/span> for a public hearing<\/span>. No such appeal<\/span> shall be tried by the court<\/span> within 10 days after notice is given as provided in this section unless such notice is waived. The circuit<\/span> court<\/span> shall hear the matter de novo<\/span> with further right of appeal<\/span> as provided by law<\/span>. Upon the hearing<\/span> of the appeal<\/span>, the court<\/span> shall ascertain and by its order<\/span> determine whether public necessity exists for the continuance<\/span> of the section of highway<\/span> or the railroad crossing as a public highway<\/span> or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway<\/span> or the railroad crossing as a public highway<\/span> or public railroad crossing and shall enter its order<\/span> accordingly. The clerk of the court<\/span> shall certify a copy of the order<\/span> of the court<\/span> to the Board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon any such appeal<\/span>, if it appears to the court<\/span> that by the abandonment<\/span> of such section of highway<\/span> or such railroad crossing as a public highway<\/span> or public railroad crossing any party<\/span> to such appeal<\/span> would be deprived of access to a public highway<\/span>, the court<\/span> may cause the railroad company or the local governing body to be made parties to the proceedings, if not already parties, and may enter such orders<\/span> as seem just and proper for keeping open such section of highway<\/span> or such railroad crossing for the benefit of such party<\/span> or parties. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of this section shall not apply to any discontinuance<\/span> of a portion of the primary state highway<\/span> system under § 33.2-901<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL TO CIRCUIT COURT (\u00a7 33.2-905)\n\nA. Any one or more of the landowners who filed a petition, the governing body of\nany county or town in which the section of highway or the railroad crossing is\nwholly or partly located, or the Commissioner of Highways may within 30 days\nfrom the entry of the order by the Board appeal from the order to the circuit\ncourt of the county in which the section of highway or the railroad crossing, or\nthe major portion thereof, sought to be abandoned under § 33.2-902 is\nlocated. If the Board fails to enter an order pursuant to § 33.2-902, such\nperson or persons named in this section may appeal to the appropriate circuit\ncourt within 30 days from such failure. Such appeal shall be filed by petition\nin the clerk’s office of such court, setting out the order appealed from\nor the cause appealed from where no order was entered and the grounds of such\nappeal. Upon the filing of such petition, the clerk of the circuit court shall\ndocket the appeal, giving it a preferred status. If the appeal is by any of the\nlandowners who filed a petition with the Board for a public hearing, notice of\nsuch appeal shall be served upon the attorney for the Commonwealth and the\nCommissioner of Highways. If the appeal is by the local governing body or the\nCommissioner of Highways, notice of such appeal shall be served upon the\nlandowners who filed petition with the Board for a public hearing. No such\nappeal shall be tried by the court within 10 days after notice is given as\nprovided in this section unless such notice is waived. The circuit court shall\nhear the matter de novo with further right of appeal as provided by law. Upon\nthe hearing of the appeal, the court shall ascertain and by its order determine\nwhether public necessity exists for the continuance of the section of highway or\nthe railroad crossing as a public highway or public railroad crossing or whether\nthe welfare of the public will be served best by abandoning the section of the\nhighway or the railroad crossing as a public highway or public railroad crossing\nand shall enter its order accordingly. The clerk of the court shall certify a\ncopy of the order of the court to the Board.\n\nB. Upon any such appeal, if it appears to the court that by the abandonment of\nsuch section of highway or such railroad crossing as a public highway or public\nrailroad crossing any party to such appeal would be deprived of access to a\npublic highway, the court may cause the railroad company or the local governing\nbody to be made parties to the proceedings, if not already parties, and may\nenter such orders as seem just and proper for keeping open such section of\nhighway or such railroad crossing for the benefit of such party or parties.\n\nC. The provisions of this section shall not apply to any discontinuance of a\nportion of the primary state highway system under § 33.2-901.\n\nHISTORY: Code 1950, \u00a7 33-76.4; 1950, p. 729; 1970, c. 322, \u00a7 33.1-147; 1978,\nc. 187; 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}}