{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-909.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-909.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-909.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-909.html"}],"law_id":83694,"edition_id":1,"section_id":83694,"structure_id":16031,"section_number":"33.2-909","catch_line":"Abandonment of highway, landing, or railroad crossing; procedure","history":"Code 1950, \u00a7 33-76.8; 1950, p. 731; 1970, c. 322, \u00a7 33.1-151; 1975, c. 255; 1978, c. 187; 1980, c. 39; 1981, c. 323; 1990, c. 190; 2014, c. 805; 2020, c. 958; 2023, cc. 506, 507; 2024, cc. 225, 242.","full_text":"A\n\nThe governing body of any county on its own motion or upon petition of any interested landowner may cause any section of the secondary state highway system, or any crossing by the highway of the lines of a railroad company or crossing by the lines of a railroad company of the highway, deemed by it to be no longer necessary for the uses of the secondary state highway system to be abandoned altogether as a public highway, a public landing, or a public railroad crossing by complying substantially with the procedure provided in this section.B\n\nThe governing body of the county shall give notice of its intention to abandon any such highway, landing, or railroad crossing (i) by posting a notice of such intention 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, landing, or railroad crossing sought to be abandoned as a public highway, public landing, or public railroad crossing is located or (ii) by posting notice in at least three places on and along the highway, landing, or railroad crossing sought to be abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues of a newspaper having general circulation in the county. In addition, the governing body of the county shall give notice of its intention to abandon such highway, landing, or railroad crossing to the Board or the Commissioner of Highways. In any case in which the highway, landing, or railroad crossing proposed to be abandoned lies in two or more counties, the governing bodies of such counties shall not abandon such highway, landing, or railroad crossing unless and until all affected governing bodies agree. The procedure in such cases shall conform mutatis mutandis to the procedure prescribed for the abandonment of a highway, landing, or railroad crossing located entirely within a county.\n\t\t\tWhen the governing body of a county gives notice of intention to abandon a public landing, the governing body shall also give such notice to the Department of Wildlife Resources.C\n\nIf one or more landowners in the county whose property abuts the highway, landing, or railroad crossing proposed to be abandoned, or if only a section of a highway, landing, or railroad crossing is proposed to be abandoned, whose property abuts such section, or the Board or the Department of Wildlife Resources, in the case of a public landing, files a petition with the governing body of the county within 30 days after notice is posted and published as provided in this section, the governing body of the county shall hold a public hearing on the proposed abandonment and shall give notice of the time and place of the hearing by publishing such information twice in a newspaper having general circulation in the county, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing. The governing body shall also give notice to the Board or, if a public landing is sought to be abandoned, to the Department of Wildlife Resources.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 the governing body of the county is satisfied that no public necessity exists for the continuance of the section of the secondary highway as a public highway or the railroad crossing as a public railroad crossing or the landing as a public landing or that the safety and welfare of the public would be served best by abandoning the section of highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the governing body of the county 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 adopt an ordinance or resolution abandoning the section of highway as a public highway, or the landing as a public landing, or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of highway shall cease to be a public highway, a public landing, or a public railroad crossing. If the governing body is not so satisfied, it shall dismiss the application within the applicable four months provided in this subsection.E\n\nA finding by the governing body of a county that a section of the secondary state highway system is no longer necessary for the uses of the secondary state highway system may be made if the following conditions exist:1\n\nThe highway is located within a residence district as defined in § 46.2-100;2\n\nThe residence district is located within a county having a density of population exceeding 1,000 per square mile;3\n\nContinued operation of the section of highway in question constitutes a threat to the public safety and welfare; and4\n\nAlternate routes for use after abandonment of the highway are readily available.F\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.G\n\nAny ordinance or resolution of abandonment issued in compliance with this section shall give rise in subsequent proceedings, if any, to a presumption of adequate justification for the abandonment.H\n\nNo public landing shall be abandoned unless the Board of Wildlife Resources shall by resolution concur in such abandonment.","order_by":null,"text":{"0":{"id":299990,"text":"The governing body of any county on its own motion or upon petition of any interested landowner may cause any section of the secondary state highway system, or any crossing by the highway of the lines of a railroad company or crossing by the lines of a railroad company of the highway, deemed by it to be no longer necessary for the uses of the secondary state highway system to be abandoned altogether as a public highway, a public landing, or a public railroad 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":299991,"text":"The governing body of the county shall give notice of its intention to abandon any such highway, landing, or railroad crossing (i) by posting a notice of such intention 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, landing, or railroad crossing sought to be abandoned as a public highway, public landing, or public railroad crossing is located or (ii) by posting notice in at least three places on and along the highway, landing, or railroad crossing sought to be abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues of a newspaper having general circulation in the county. In addition, the governing body of the county shall give notice of its intention to abandon such highway, landing, or railroad crossing to the Board or the Commissioner of Highways. In any case in which the highway, landing, or railroad crossing proposed to be abandoned lies in two or more counties, the governing bodies of such counties shall not abandon such highway, landing, or railroad crossing unless and until all affected governing bodies agree. The procedure in such cases shall conform mutatis mutandis to the procedure prescribed for the abandonment of a highway, landing, or railroad crossing located entirely within a county.\n\t\t\tWhen the governing body of a county gives notice of intention to abandon a public landing, the governing body shall also give such notice to the Department of Wildlife Resources.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":299992,"text":"If one or more landowners in the county whose property abuts the highway, landing, or railroad crossing proposed to be abandoned, or if only a section of a highway, landing, or railroad crossing is proposed to be abandoned, whose property abuts such section, or the Board or the Department of Wildlife Resources, in the case of a public landing, files a petition with the governing body of the county within 30 days after notice is posted and published as provided in this section, the governing body of the county shall hold a public hearing on the proposed abandonment and shall give notice of the time and place of the hearing by publishing such information twice in a newspaper having general circulation in the county, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing. The governing body shall also give notice to the Board or, if a public landing is sought to be abandoned, to the Department of Wildlife Resources.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":299993,"text":"If a petition for a public hearing is not filed as provided in this section, or if after a public hearing is held the governing body of the county is satisfied that no public necessity exists for the continuance of the section of the secondary highway as a public highway or the railroad crossing as a public railroad crossing or the landing as a public landing or that the safety and welfare of the public would be served best by abandoning the section of highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the governing body of the county 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 adopt an ordinance or resolution abandoning the section of highway as a public highway, or the landing as a public landing, or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of highway shall cease to be a public highway, a public landing, or a public railroad crossing. If the governing body is not so satisfied, it shall dismiss 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":299994,"text":"A finding by the governing body of a county that a section of the secondary state highway system is no longer necessary for the uses of the secondary state highway system may be made if the following conditions exist:","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"E1"},"5":{"id":299995,"text":"The highway is located within a residence district as defined in § 46.2-100;","type":"section","prefixes":["E","1"],"prefix":"1","entire_prefix":"E1","prefix_anchor":"E1","level":2,"prior_prefix":"E","next_prefix":"E2"},"6":{"id":299996,"text":"The residence district is located within a county having a density of population exceeding 1,000 per square mile;","type":"section","prefixes":["E","2"],"prefix":"2","entire_prefix":"E2","prefix_anchor":"E2","level":2,"prior_prefix":"E1","next_prefix":"E3"},"7":{"id":299997,"text":"Continued operation of the section of highway in question constitutes a threat to the public safety and welfare; and","type":"section","prefixes":["E","3"],"prefix":"3","entire_prefix":"E3","prefix_anchor":"E3","level":2,"prior_prefix":"E2","next_prefix":"E4"},"8":{"id":299998,"text":"Alternate routes for use after abandonment of the highway are readily available.","type":"section","prefixes":["E","4"],"prefix":"4","entire_prefix":"E4","prefix_anchor":"E4","level":2,"prior_prefix":"E3","next_prefix":"F"},"9":{"id":299999,"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":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E4","next_prefix":"G"},"10":{"id":300000,"text":"Any ordinance or resolution of abandonment issued in compliance with this section shall give rise in subsequent proceedings, if any, to a presumption of adequate justification for the abandonment.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"11":{"id":300001,"text":"No public landing shall be abandoned unless the Board of Wildlife Resources shall by resolution concur in such abandonment.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G"}},"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}],"previous_section":{"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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-909\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 10 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 1975, chapter 255; in 1978, chapter 187; in 1980, chapter 39; in 1981, chapter 323; in 1990, chapter 190; in 2014, chapter 805<\/a>; in 2020, chapter 958<\/a>; in 2023, chapters 506<\/a> and 507<\/a>; in 2024, chapters 225<\/a> and 242<\/a>.<\/p>","references":[{"id":62815,"section_number":"33.2-910","catch_line":"Appeal to circuit court","order_by":null,"url":"\/33.2-910\/"},{"id":76031,"section_number":"33.2-913","catch_line":"Conveying sections of highways, landings, or other property no longer necessary","order_by":null,"url":"\/33.2-913\/"}],"refers_to":[{"id":82691,"section_number":"46.2-100","catch_line":"Definitions","order_by":null,"url":"\/46.2-100\/"}],"permalink":{"id":206375,"object_type":"law","relational_id":83694,"identifier":"33.2-909","token":"33.2\/II\/9\/2\/33.2-909","url":"\/33.2-909\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-909\/","token":"33.2\/II\/9\/2\/33.2-909","dublin_core":{"Title":"Abandonment of highway, landing, or railroad crossing; procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-909","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The governing body of any county on its own motion<\/span> or upon petition<\/span> of any interested landowner may cause any section of the secondary state highway<\/span> system, or any crossing by the highway<\/span> of the lines of a railroad company or crossing by the lines of a railroad company of the highway<\/span>, deemed by it to be no longer necessary for the uses of the secondary state highway<\/span> system to be abandoned altogether as a public highway<\/span>, a public landing, or a public railroad 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 governing body of the county shall give notice of its intention to abandon any such highway<\/span>, landing, or railroad crossing (i) by posting a notice of such intention 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>, landing, or railroad crossing sought to be abandoned as a public highway<\/span>, public landing, or public railroad crossing is located or (ii) by posting notice in at least three places on and along the highway<\/span>, landing, or railroad crossing sought to be abandoned for at least 30 days and in either case by publishing notice of its intention in two or more issues<\/span> of a newspaper having general circulation in the county. In addition, the governing body of the county shall give notice of its intention to abandon such highway<\/span>, landing, or railroad crossing to the Board<\/span> or the Commissioner of Highways<\/span>. In any case in which the highway<\/span>, landing, or railroad crossing proposed to be abandoned lies in two or more counties, the governing bodies of such counties shall not abandon such highway<\/span>, landing, or railroad crossing unless and until all affected governing bodies agree. The procedure in such cases shall conform mutatis mutandis<\/span> to the procedure prescribed for the abandonment<\/span> of a highway<\/span>, landing, or railroad crossing located entirely within a county.\n\t\t\tWhen the governing body of a county gives notice of intention to abandon a public landing, the governing body shall also give such notice to the Department<\/span> of Wildlife Resources. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If one or more landowners in the county whose property abuts the highway<\/span>, landing, or railroad crossing proposed to be abandoned, or if only a section of a highway<\/span>, landing, or railroad crossing is proposed to be abandoned, whose property abuts such section, or the Board<\/span> or the Department<\/span> of Wildlife Resources, in the case of a public landing, files a petition<\/span> with the governing body of the county within 30 days after notice is posted and published as provided in this section, the governing body of the county shall hold a public hearing<\/span> on the proposed abandonment<\/span> and shall give notice of the time and place of the hearing<\/span> by publishing such information twice in a newspaper having general circulation in the county, with the first publication appearing no more than 28 days before and the second publication appearing no less than seven days before the hearing<\/span>. The governing body shall also give notice to the Board<\/span> or, if a public landing is sought to be abandoned, to the Department<\/span> of Wildlife Resources. <\/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 the governing body of the county is satisfied that no public necessity exists for the continuance<\/span> of the section of the secondary highway<\/span> as a public highway or the railroad crossing as a public railroad crossing or the landing as a public landing or that the safety and welfare of the public would be served best by abandoning the section of highway, the landing, or the railroad crossing as a public highway, public landing, or public railroad crossing, the governing body of the county 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> adopt an ordinance<\/span> or resolution abandoning the section of highway as a public highway, or the landing as a public landing, or the railroad crossing as a public railroad crossing, and with that ordinance<\/span> or resolution the section of highway shall cease to be a public highway, a public landing, or a public railroad crossing. If the governing body is not so satisfied, it shall dismiss the application within the applicable four months provided in this subsection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> A finding<\/span> by the governing body of a county that a section of the secondary state highway system is no longer necessary for the uses of the secondary state highway system may be made if the following conditions exist: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The highway is located within a residence district as defined in § 46.2-100<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The residence district is located within a county having a density of population exceeding 1,000 per square mile; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Continued operation of the section of highway in question constitutes a threat to the public safety and welfare; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Alternate routes for use after abandonment<\/span> of the highway are readily available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In considering the abandonment<\/span> 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any ordinance<\/span> or resolution of abandonment<\/span> issued in compliance with this section shall give rise in subsequent proceedings, if any, to a presumption<\/span> of adequate justification for the abandonment<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> No public landing shall be abandoned unless the Board<\/span> of Wildlife Resources shall by resolution concur in such abandonment<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nABANDONMENT OF HIGHWAY, LANDING, OR RAILROAD CROSSING; PROCEDURE (\u00a7 33.2-909)\n\nA. The governing body of any county on its own motion or upon petition of any\ninterested landowner may cause any section of the secondary state highway\nsystem, or any crossing by the highway of the lines of a railroad company or\ncrossing by the lines of a railroad company of the highway, deemed by it to be\nno longer necessary for the uses of the secondary state highway system to be\nabandoned altogether as a public highway, a public landing, or a public railroad\ncrossing by complying substantially with the procedure provided in this section.\n\nB. The governing body of the county shall give notice of its intention to\nabandon any such highway, landing, or railroad crossing (i) by posting a notice\nof such intention at least three days before the first day of a regular term of\nthe circuit court at the front door of the courthouse of the county in which the\nsection of the highway, landing, or railroad crossing sought to be abandoned as\na public highway, public landing, or public railroad crossing is located or (ii)\nby posting notice in at least three places on and along the highway, landing, or\nrailroad crossing sought to be abandoned for at least 30 days and in either case\nby publishing notice of its intention in two or more issues of a newspaper\nhaving general circulation in the county. In addition, the governing body of the\ncounty shall give notice of its intention to abandon such highway, landing, or\nrailroad crossing to the Board or the Commissioner of Highways. In any case in\nwhich the highway, landing, or railroad crossing proposed to be abandoned lies\nin two or more counties, the governing bodies of such counties shall not abandon\nsuch highway, landing, or railroad crossing unless and until all affected\ngoverning bodies agree. The procedure in such cases shall conform mutatis\nmutandis to the procedure prescribed for the abandonment of a highway, landing,\nor railroad crossing located entirely within a county.\n\t\t\tWhen the governing body of a county gives notice of intention to abandon a\npublic landing, the governing body shall also give such notice to the Department\nof Wildlife Resources.\n\nC. If one or more landowners in the county whose property abuts the highway,\nlanding, or railroad crossing proposed to be abandoned, or if only a section of\na highway, landing, or railroad crossing is proposed to be abandoned, whose\nproperty abuts such section, or the Board or the Department of Wildlife\nResources, in the case of a public landing, files a petition with the governing\nbody of the county within 30 days after notice is posted and published as\nprovided in this section, the governing body of the county shall hold a public\nhearing on the proposed abandonment and shall give notice of the time and place\nof the hearing by publishing such information twice in a newspaper having\ngeneral circulation in the county, with the first publication appearing no more\nthan 28 days before and the second publication appearing no less than seven days\nbefore the hearing. The governing body shall also give notice to the Board or,\nif a public landing is sought to be abandoned, to the Department of Wildlife\nResources.\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 the governing body of the county is\nsatisfied that no public necessity exists for the continuance of the section of\nthe secondary highway as a public highway or the railroad crossing as a public\nrailroad crossing or the landing as a public landing or that the safety and\nwelfare of the public would be served best by abandoning the section of highway,\nthe landing, or the railroad crossing as a public highway, public landing, or\npublic railroad crossing, the governing body of the county shall (i) within four\nmonths of the 30-day period during which notice was posted where no petition for\na public hearing was filed or (ii) within four months after the public hearing\nadopt an ordinance or resolution abandoning the section of highway as a public\nhighway, or the landing as a public landing, or the railroad crossing as a\npublic railroad crossing, and with that ordinance or resolution the section of\nhighway shall cease to be a public highway, a public landing, or a public\nrailroad crossing. If the governing body is not so satisfied, it shall dismiss\nthe application within the applicable four months provided in this subsection.\n\nE. A finding by the governing body of a county that a section of the secondary\nstate highway system is no longer necessary for the uses of the secondary state\nhighway system may be made if the following conditions exist:\n\n 1. The highway is located within a residence district as defined in §\n 46.2-100;\n\n 2. The residence district is located within a county having a density of\n population exceeding 1,000 per square mile;\n\n 3. Continued operation of the section of highway in question constitutes a\n threat to the public safety and welfare; and\n\n 4. Alternate routes for use after abandonment of the highway are readily\n available.\n\nF. 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\nG. Any ordinance or resolution of abandonment issued in compliance with this\nsection shall give rise in subsequent proceedings, if any, to a presumption of\nadequate justification for the abandonment.\n\nH. No public landing shall be abandoned unless the Board of Wildlife Resources\nshall by resolution concur in such abandonment.\n\nHISTORY: Code 1950, \u00a7 33-76.8; 1950, p. 731; 1970, c. 322, \u00a7 33.1-151; 1975,\nc. 255; 1978, c. 187; 1980, c. 39; 1981, c. 323; 1990, c. 190; 2014, c. 805;\n2020, c. 958; 2023, cc. 506, 507; 2024, cc. 225, 242.","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}}