{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-910.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-910.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-910.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-910.html"}],"law_id":62815,"edition_id":1,"section_id":62815,"structure_id":16031,"section_number":"33.2-910","catch_line":"Appeal to circuit court","history":"Code 1950, \u00a7 33-76.9; 1950, p. 732; 1970, c. 322, \u00a7 33.1-152; 1978, c. 187; 1981, c. 323; 1990, c. 190; 2014, c. 805; 2020, c. 958.","full_text":"Any one or more of the landowners 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 of the highway, landing, or railroad crossing, and who petitioned for a public hearing under \u00a7 33.2-909 or the Commissioner of Highways, or if a public landing is proposed to be abandoned, the Director of the Department of Wildlife Resources, may within 30 days from the adoption of an ordinance or resolution by the governing body of the county appeal from the ordinance or resolution to the circuit court of the county in which the section of highway, the public landing, or the railroad crossing sought to be abandoned under \u00a7 33.2-909 is located. Where the governing body of the county fails to adopt an ordinance or resolution pursuant to \u00a7 33.2-909, such person or persons named in this section shall within 30 days from such failure have a right of appeal to the appropriate circuit court. Such appeal shall be filed by petition in the clerk’s office of such court, setting out the ordinance or resolution appealed from or the cause appealed from where no ordinance or resolution was adopted 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, and if the appeal is by any of the landowners who filed a petition with the governing body of the county for a public hearing, notice of such appeal shall be served upon each member of the governing body of the county pursuant to \u00a7 8.01-300 and either the Commissioner of Highways or the Director of the Department of Wildlife Resources, as applicable, and if the appeal is by either the Commissioner of Highways or the Director of the Department of Wildlife Resources, notice of such appeal shall be served upon the governing body of the county and the landowners who filed petition with the governing body of the county 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 decide the appeal based upon the record and upon such other evidence as may be presented by the parties. Upon the hearing of the appeal, the court shall ascertain and by its order determine whether adequate justification exists for the decision of the governing body of the county that public necessity exists for the continuance of the section of highway, landing, or the railroad crossing as a public highway, public landing, or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway, landing, or the railroad crossing as a public highway, public landing, or public railroad crossing and shall enter its order accordingly.\n\t\tUpon any such appeal, if it appears to the court that by the abandonment of such section of highway, landing, or railroad crossing as a public highway, public landing, 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 and the governing body of the county, or either, 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, landing, or railroad crossing for the benefit of such party or parties.","order_by":null,"text":{"0":{"id":228975,"text":"Any one or more of the landowners 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 of the highway, landing, or railroad crossing, and who petitioned for a public hearing under \u00a7 33.2-909 or the Commissioner of Highways, or if a public landing is proposed to be abandoned, the Director of the Department of Wildlife Resources, may within 30 days from the adoption of an ordinance or resolution by the governing body of the county appeal from the ordinance or resolution to the circuit court of the county in which the section of highway, the public landing, or the railroad crossing sought to be abandoned under \u00a7 33.2-909 is located. Where the governing body of the county fails to adopt an ordinance or resolution pursuant to \u00a7 33.2-909, such person or persons named in this section shall within 30 days from such failure have a right of appeal to the appropriate circuit court. Such appeal shall be filed by petition in the clerk’s office of such court, setting out the ordinance or resolution appealed from or the cause appealed from where no ordinance or resolution was adopted 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, and if the appeal is by any of the landowners who filed a petition with the governing body of the county for a public hearing, notice of such appeal shall be served upon each member of the governing body of the county pursuant to \u00a7 8.01-300 and either the Commissioner of Highways or the Director of the Department of Wildlife Resources, as applicable, and if the appeal is by either the Commissioner of Highways or the Director of the Department of Wildlife Resources, notice of such appeal shall be served upon the governing body of the county and the landowners who filed petition with the governing body of the county 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 decide the appeal based upon the record and upon such other evidence as may be presented by the parties. Upon the hearing of the appeal, the court shall ascertain and by its order determine whether adequate justification exists for the decision of the governing body of the county that public necessity exists for the continuance of the section of highway, landing, or the railroad crossing as a public highway, public landing, or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway, landing, or the railroad crossing as a public highway, public landing, or public railroad crossing and shall enter its order accordingly.\n\t\tUpon any such appeal, if it appears to the court that by the abandonment of such section of highway, landing, or railroad crossing as a public highway, public landing, 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 and the governing body of the county, or either, 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, landing, or railroad crossing for the benefit of such party or parties.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-910\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 6 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 1981, chapter 323; in 1990, chapter 190; in 2014, chapter 805<\/a>; in 2020, chapter 958<\/a>.<\/p>","references":[{"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":83694,"section_number":"33.2-909","catch_line":"Abandonment of highway, landing, or railroad crossing; procedure","order_by":null,"url":"\/33.2-909\/"},{"id":62573,"section_number":"8.01-300","catch_line":"How process served on municipal and county governments and on quasi-governmental entities","order_by":null,"url":"\/8.01-300\/"}],"permalink":{"id":206379,"object_type":"law","relational_id":62815,"identifier":"33.2-910","token":"33.2\/II\/9\/2\/33.2-910","url":"\/33.2-910\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-910\/","token":"33.2\/II\/9\/2\/33.2-910","dublin_core":{"Title":"Appeal to circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-910","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any one or more of the landowners 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 of the highway<\/span>, landing, or railroad crossing, and who petitioned for a public hearing<\/span> under \u00a7 33.2-909<\/a> or the Commissioner of Highways<\/span>, or if a public landing is proposed to be abandoned, the Director of the Department<\/span> of Wildlife Resources, may within 30 days from the adoption of an ordinance<\/span> or resolution by the governing body of the county appeal<\/span> from the ordinance<\/span> or resolution to the circuit<\/span> court<\/span> of the county in which the section of highway<\/span>, the public landing, or the railroad crossing sought to be abandoned under \u00a7 33.2-909<\/a> is located. Where the governing body of the county fails to adopt an ordinance<\/span> or resolution pursuant to \u00a7 33.2-909<\/a>, such person or persons named in this section shall within 30 days from such failure have a right of appeal<\/span> to the appropriate circuit<\/span> court<\/span>. Such appeal<\/span> shall be filed by petition<\/span> in the clerk’s office of such court<\/span>, setting out the ordinance<\/span> or resolution appealed from or the cause appealed from where no ordinance<\/span> or resolution was adopted 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, and if the appeal<\/span> is by any of the landowners who filed a petition<\/span> with the governing body of the county for a public hearing<\/span>, notice of such appeal<\/span> shall be served upon each member of the governing body of the county pursuant to \u00a7 8.01-300<\/a> and either the Commissioner of Highways<\/span> or the Director of the Department<\/span> of Wildlife Resources, as applicable, and if the appeal<\/span> is by either the Commissioner of Highways<\/span> or the Director of the Department<\/span> of Wildlife Resources, notice of such appeal<\/span> shall be served upon the governing body of the county and the landowners who filed petition<\/span> with the governing body of the county 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 decide the appeal<\/span> based upon the record and upon such other evidence<\/span> as may be presented by the parties. Upon the hearing<\/span> of the appeal<\/span>, the court<\/span> shall ascertain and by its order<\/span> determine whether adequate justification exists for the decision of the governing body of the county that public necessity exists for the continuance<\/span> of the section of highway<\/span>, landing, or the railroad crossing as a public highway<\/span>, public landing, or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway<\/span>, landing, or the railroad crossing as a public highway<\/span>, public landing, or public railroad crossing and shall enter its order<\/span> accordingly.\n\t\tUpon any such appeal<\/span>, if it appears to the court<\/span> that by the abandonment<\/span> of such section of highway<\/span>, landing, or railroad crossing as a public highway<\/span>, public landing, 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 and the governing body of the county, or either, 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>, landing, or railroad crossing for the benefit of such party<\/span> or parties.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL TO CIRCUIT COURT (\u00a7 33.2-910)\n\nAny one or more of the landowners whose property abuts the highway, landing, or\nrailroad crossing proposed to be abandoned, or if only a section of a highway,\nlanding, or railroad crossing is proposed to be abandoned, whose property abuts\nsuch section of the highway, landing, or railroad crossing, and who petitioned\nfor a public hearing under \u00a7 33.2-909 or the Commissioner of Highways, or if a\npublic landing is proposed to be abandoned, the Director of the Department of\nWildlife Resources, may within 30 days from the adoption of an ordinance or\nresolution by the governing body of the county appeal from the ordinance or\nresolution to the circuit court of the county in which the section of highway,\nthe public landing, or the railroad crossing sought to be abandoned under \u00a7\n33.2-909 is located. Where the governing body of the county fails to adopt an\nordinance or resolution pursuant to \u00a7 33.2-909, such person or persons named in\nthis section shall within 30 days from such failure have a right of appeal to\nthe appropriate circuit court. Such appeal shall be filed by petition in the\nclerk’s office of such court, setting out the ordinance or resolution\nappealed from or the cause appealed from where no ordinance or resolution was\nadopted and the grounds of such appeal. Upon the filing of such petition, the\nclerk of the circuit court shall docket the appeal, giving it a preferred\nstatus, and if the appeal is by any of the landowners who filed a petition with\nthe governing body of the county for a public hearing, notice of such appeal\nshall be served upon each member of the governing body of the county pursuant to\n\u00a7 8.01-300 and either the Commissioner of Highways or the Director of the\nDepartment of Wildlife Resources, as applicable, and if the appeal is by either\nthe Commissioner of Highways or the Director of the Department of Wildlife\nResources, notice of such appeal shall be served upon the governing body of the\ncounty and the landowners who filed petition with the governing body of the\ncounty for a public hearing. No such appeal shall be tried by the court within\n10 days after notice is given, as provided in this section unless such notice is\nwaived. The circuit court shall decide the appeal based upon the record and upon\nsuch other evidence as may be presented by the parties. Upon the hearing of the\nappeal, the court shall ascertain and by its order determine whether adequate\njustification exists for the decision of the governing body of the county that\npublic necessity exists for the continuance of the section of highway, landing,\nor the railroad crossing as a public highway, public landing, or public railroad\ncrossing or whether the welfare of the public will be served best by abandoning\nthe section of the highway, landing, or the railroad crossing as a public\nhighway, public landing, or public railroad crossing and shall enter its order\naccordingly.\n\t\tUpon any such appeal, if it appears to the court that by the abandonment of\nsuch section of highway, landing, or railroad crossing as a public highway,\npublic landing, or public railroad crossing any party to such appeal would be\ndeprived of access to a public highway, the court may cause the railroad company\nand the governing body of the county, or either, to be made parties to the\nproceedings, if not already parties, and may enter such orders as seem just and\nproper for keeping open such section of highway, landing, or railroad crossing\nfor the benefit of such party or parties.\n\nHISTORY: Code 1950, \u00a7 33-76.9; 1950, p. 732; 1970, c. 322, \u00a7 33.1-152; 1978,\nc. 187; 1981, c. 323; 1990, c. 190; 2014, c. 805; 2020, c. 958.","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}}