{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-908.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-908.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-908.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-908.html"}],"law_id":64745,"edition_id":1,"section_id":64745,"structure_id":16031,"section_number":"33.2-908","catch_line":"Discontinuance of highway, landing, or railroad crossing; procedure","history":"Code 1950, \u00a7 33-76.7; 1950, p. 731; 1970, c. 322, \u00a7 33.1-150; 1978, c. 337; 1981, c. 323; 2011, cc. 36, 152; 2014, c. 805.","full_text":"A\n\nFor the purposes of this article, “landing” means a place on a river or other navigable body of water for loading or unloading goods or for the reception and delivery of travelers, the terminus of a highway on a river or other navigable body of water for loading or unloading goods or for the reception and delivery of travelers, or a place for loading or unloading watercraft, but not a harbor for watercraft.B\n\nUpon petition of the governing body of any county in which a highway, landing, or railroad crossing is located or upon petition of the governing body of a town with a population of 3,500 or less, or on its own motion, the Board may discontinue any highway, landing, or railroad crossing in the secondary state highway system as a part thereof in any case in which the Board deems such highway, landing, or railroad crossing not required for public convenience. If the Board on its own motion desires to discontinue any such highway, landing, or railroad crossing, the Board shall give notice to the affected governing body at least 30 days prior to such discontinuance. In addition, in cases where only a highway or landing or the maintenance thereof is to be discontinued, the Board shall give notice of such intention to the public at least 30 days prior to such action by publishing such notice in at least one issue in a newspaper having general circulation in the county in which the affected highway or landing is situated and, where practicable, by a registered letter to each landowner whose property abuts the section of highway or landing to be discontinued. For the purposes of this section, the Board may, where practicable, rely upon the tax records of the county to determine the names and addresses of such owners. These additional notice provisions shall not be required in cases where the section of highway to be discontinued has been replaced by a new highway serving the same users. If the governing body of any county or town requests a hearing, or upon petition of any landowner whose property abuts a highway or landing that is to be discontinued, the Board shall hold a hearing in the county in which the highway, landing, or railroad crossing is located in order to ascertain whether or not such highway, landing, or railroad crossing should be discontinued. From the finding of the Board, an appeal shall lie to the circuit court of the county in which such highway, landing, or railroad crossing is located and the procedure thereon shall conform to the procedure prescribed in § 33.2-905. The jurisdiction and procedure for abandonment of highways and landings discontinued as parts of the secondary state highway system in accordance with this article shall remain in the local governing bodies.C\n\nIn cases where the Chief Engineer of the Department recommends that it is appropriate in connection with the completion of a construction or maintenance project to discontinue any highway, landing, or railroad crossing in the secondary state highway system, the Commissioner of Highways may discontinue such highway, landing, or railroad crossing as he deems proper. The entry by the Commissioner of Highways upon the records of the Department of the discontinuance shall be sufficient to constitute such discontinuance.","order_by":null,"text":{"0":{"id":235611,"text":"For the purposes of this article, “landing” means a place on a river or other navigable body of water for loading or unloading goods or for the reception and delivery of travelers, the terminus of a highway on a river or other navigable body of water for loading or unloading goods or for the reception and delivery of travelers, or a place for loading or unloading watercraft, but not a harbor for watercraft.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235612,"text":"Upon petition of the governing body of any county in which a highway, landing, or railroad crossing is located or upon petition of the governing body of a town with a population of 3,500 or less, or on its own motion, the Board may discontinue any highway, landing, or railroad crossing in the secondary state highway system as a part thereof in any case in which the Board deems such highway, landing, or railroad crossing not required for public convenience. If the Board on its own motion desires to discontinue any such highway, landing, or railroad crossing, the Board shall give notice to the affected governing body at least 30 days prior to such discontinuance. In addition, in cases where only a highway or landing or the maintenance thereof is to be discontinued, the Board shall give notice of such intention to the public at least 30 days prior to such action by publishing such notice in at least one issue in a newspaper having general circulation in the county in which the affected highway or landing is situated and, where practicable, by a registered letter to each landowner whose property abuts the section of highway or landing to be discontinued. For the purposes of this section, the Board may, where practicable, rely upon the tax records of the county to determine the names and addresses of such owners. These additional notice provisions shall not be required in cases where the section of highway to be discontinued has been replaced by a new highway serving the same users. If the governing body of any county or town requests a hearing, or upon petition of any landowner whose property abuts a highway or landing that is to be discontinued, the Board shall hold a hearing in the county in which the highway, landing, or railroad crossing is located in order to ascertain whether or not such highway, landing, or railroad crossing should be discontinued. From the finding of the Board, an appeal shall lie to the circuit court of the county in which such highway, landing, or railroad crossing is located and the procedure thereon shall conform to the procedure prescribed in § 33.2-905. The jurisdiction and procedure for abandonment of highways and landings discontinued as parts of the secondary state highway system in accordance with this article shall remain in the local governing bodies.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235613,"text":"In cases where the Chief Engineer of the Department recommends that it is appropriate in connection with the completion of a construction or maintenance project to discontinue any highway, landing, or railroad crossing in the secondary state highway system, the Commissioner of Highways may discontinue such highway, landing, or railroad crossing as he deems proper. The entry by the Commissioner of Highways upon the records of the Department of the discontinuance shall be sufficient to constitute such discontinuance.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":16031,"edition_id":1,"name":"Abandonment and Discontinuance of Highways in Secondary State Highway System","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":13179,"metadata":{},"date_created":"2026-06-26 04:04:17","date_modified":"2026-06-26 04:04:17","permalink":{"id":206369,"object_type":"structure","relational_id":16031,"identifier":"2","token":"33.2\/II\/9\/2","url":"\/33.2\/II\/9\/2\/","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":64745,"structure_id":16031,"section_number":"33.2-908","catch_line":"Discontinuance of highway, landing, or railroad crossing; procedure","url":"\/33.2-908\/","token":"33.2\/II\/9\/2\/33.2-908","metadata":false},{"id":83694,"structure_id":16031,"section_number":"33.2-909","catch_line":"Abandonment of highway, landing, or railroad crossing; procedure","url":"\/33.2-909\/","token":"33.2\/II\/9\/2\/33.2-909","metadata":false},{"id":62815,"structure_id":16031,"section_number":"33.2-910","catch_line":"Appeal to circuit court","url":"\/33.2-910\/","token":"33.2\/II\/9\/2\/33.2-910","metadata":false},{"id":71601,"structure_id":16031,"section_number":"33.2-911","catch_line":"Permissible uses by counties of certain discontinued secondary highways","url":"\/33.2-911\/","token":"33.2\/II\/9\/2\/33.2-911","metadata":false},{"id":86645,"structure_id":16031,"section_number":"33.2-912","catch_line":"Alternative procedure for abandonment of old highway or crossing to extent of alteration","url":"\/33.2-912\/","token":"33.2\/II\/9\/2\/33.2-912","metadata":false},{"id":76031,"structure_id":16031,"section_number":"33.2-913","catch_line":"Conveying sections of highways, landings, or other property no longer necessary","url":"\/33.2-913\/","token":"33.2\/II\/9\/2\/33.2-913","metadata":false}],"next_section":{"id":83694,"structure_id":16031,"section_number":"33.2-909","catch_line":"Abandonment of highway, landing, or railroad crossing; procedure","url":"\/33.2-909\/","token":"33.2\/II\/9\/2\/33.2-909","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-908\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 337; in 1981, chapter 323; in 2011, chapters 36<\/a> and 152<\/a>; in 2014, chapter 805<\/a>.<\/p>","references":[{"id":66916,"section_number":"33.2-1010","catch_line":"Use and disposition of residue parcels of land","order_by":null,"url":"\/33.2-1010\/"},{"id":71601,"section_number":"33.2-911","catch_line":"Permissible uses by counties of certain discontinued secondary highways","order_by":null,"url":"\/33.2-911\/"},{"id":73513,"section_number":"33.2-922","catch_line":"Recordation of abandonment of roads, highways, or railroad crossings by counties","order_by":null,"url":"\/33.2-922\/"},{"id":57769,"section_number":"33.2-926","catch_line":"Chapter 20 of Title 15.2 not affected","order_by":null,"url":"\/33.2-926\/"}],"refers_to":[{"id":80846,"section_number":"33.2-905","catch_line":"Appeal to circuit court","order_by":null,"url":"\/33.2-905\/"}],"permalink":{"id":206371,"object_type":"law","relational_id":64745,"identifier":"33.2-908","token":"33.2\/II\/9\/2\/33.2-908","url":"\/33.2-908\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-908\/","token":"33.2\/II\/9\/2\/33.2-908","dublin_core":{"Title":"Discontinuance of highway, landing, or railroad crossing; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-908","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this article, “landing<\/span>” means a place on a river or other navigable body of water for loading or unloading goods or for the reception and delivery of travelers, the terminus of a highway<\/span> on a river or other navigable body of water for loading or unloading goods or for the reception and delivery of travelers, or a place for loading or unloading watercraft, but not a harbor for watercraft. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Upon petition<\/span> of the governing body of any county in which a highway<\/span>, landing<\/span>, or railroad crossing is located or upon petition<\/span> of the governing body of a town with a population of 3,500 or less, or on its own motion<\/span>, the Board<\/span> may discontinue any highway<\/span>, landing<\/span>, or railroad crossing in the secondary state highway<\/span> system as a part thereof in any case in which the Board<\/span> deems such highway<\/span>, landing<\/span>, or railroad crossing not required for public convenience. If the Board<\/span> on its own motion<\/span> desires to discontinue any such highway<\/span>, landing<\/span>, or railroad crossing, the Board<\/span> shall give notice to the affected governing body at least 30 days prior to such discontinuance<\/span>. In addition, in cases where only a highway<\/span> or landing<\/span> or the maintenance<\/span> thereof is to be discontinued, the Board<\/span> shall give notice of such intention to the public at least 30 days prior to such action by publishing such notice in at least one issue<\/span> in a newspaper having general circulation in the county in which the affected highway<\/span> or landing<\/span> is situated and, where practicable, by a registered letter to each landowner whose property abuts the section of highway<\/span> or landing<\/span> to be discontinued. For the purposes of this section, the Board<\/span> may, where practicable, rely upon the tax records of the county to determine the names and addresses of such owners. These additional notice provisions shall not be required in cases where the section of highway<\/span> to be discontinued has been replaced by a new highway<\/span> serving the same users. If the governing body of any county or town requests a hearing<\/span>, or upon petition<\/span> of any landowner whose property abuts a highway<\/span> or landing<\/span> that is to be discontinued, the Board<\/span> shall hold a hearing<\/span> in the county in which the highway<\/span>, landing<\/span>, or railroad crossing is located in order<\/span> to ascertain whether or not such highway<\/span>, landing<\/span>, or railroad crossing should be discontinued. From the finding<\/span> of the Board<\/span>, an appeal<\/span> shall lie to the circuit<\/span> court<\/span> of the county in which such highway<\/span>, landing<\/span>, or railroad crossing is located and the procedure thereon shall conform to the procedure prescribed in § 33.2-905<\/a>. The jurisdiction<\/span> and procedure for abandonment<\/span> of highways<\/span> and landings<\/span> discontinued as parts of the secondary state highway<\/span> system in accordance with this article shall remain in the local governing bodies. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> In cases where the Chief Engineer of the Department<\/span> recommends that it is appropriate in connection with the completion of a construction or maintenance<\/span> project to discontinue any highway<\/span>, landing<\/span>, or railroad crossing in the secondary state highway<\/span> system, the Commissioner of Highways<\/span> may discontinue such highway<\/span>, landing<\/span>, or railroad crossing as he deems proper. The entry by the Commissioner of Highways<\/span> upon the records of the Department<\/span> of the discontinuance<\/span> shall be sufficient to constitute such discontinuance<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISCONTINUANCE OF HIGHWAY, LANDING, OR RAILROAD CROSSING; PROCEDURE (\u00a7\n33.2-908)\n\nA. For the purposes of this article, “landing” means a place on a\nriver or other navigable body of water for loading or unloading goods or for the\nreception and delivery of travelers, the terminus of a highway on a river or\nother navigable body of water for loading or unloading goods or for the\nreception and delivery of travelers, or a place for loading or unloading\nwatercraft, but not a harbor for watercraft.\n\nB. Upon petition of the governing body of any county in which a highway,\nlanding, or railroad crossing is located or upon petition of the governing body\nof a town with a population of 3,500 or less, or on its own motion, the Board\nmay discontinue any highway, landing, or railroad crossing in the secondary\nstate highway system as a part thereof in any case in which the Board deems such\nhighway, landing, or railroad crossing not required for public convenience. If\nthe Board on its own motion desires to discontinue any such highway, landing, or\nrailroad crossing, the Board shall give notice to the affected governing body at\nleast 30 days prior to such discontinuance. In addition, in cases where only a\nhighway or landing or the maintenance thereof is to be discontinued, the Board\nshall give notice of such intention to the public at least 30 days prior to such\naction by publishing such notice in at least one issue in a newspaper having\ngeneral circulation in the county in which the affected highway or landing is\nsituated and, where practicable, by a registered letter to each landowner whose\nproperty abuts the section of highway or landing to be discontinued. For the\npurposes of this section, the Board may, where practicable, rely upon the tax\nrecords of the county to determine the names and addresses of such owners. These\nadditional notice provisions shall not be required in cases where the section of\nhighway to be discontinued has been replaced by a new highway serving the same\nusers. If the governing body of any county or town requests a hearing, or upon\npetition of any landowner whose property abuts a highway or landing that is to\nbe discontinued, the Board shall hold a hearing in the county in which the\nhighway, landing, or railroad crossing is located in order to ascertain whether\nor not such highway, landing, or railroad crossing should be discontinued. From\nthe finding of the Board, an appeal shall lie to the circuit court of the county\nin which such highway, landing, or railroad crossing is located and the\nprocedure thereon shall conform to the procedure prescribed in § 33.2-905.\nThe jurisdiction and procedure for abandonment of highways and landings\ndiscontinued as parts of the secondary state highway system in accordance with\nthis article shall remain in the local governing bodies.\n\nC. In cases where the Chief Engineer of the Department recommends that it is\nappropriate in connection with the completion of a construction or maintenance\nproject to discontinue any highway, landing, or railroad crossing in the\nsecondary state highway system, the Commissioner of Highways may discontinue\nsuch highway, landing, or railroad crossing as he deems proper. The entry by the\nCommissioner of Highways upon the records of the Department of the\ndiscontinuance shall be sufficient to constitute such discontinuance.\n\nHISTORY: Code 1950, \u00a7 33-76.7; 1950, p. 731; 1970, c. 322, \u00a7 33.1-150; 1978,\nc. 337; 1981, c. 323; 2011, cc. 36, 152; 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}}