{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/33.2-920.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/33.2-920.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/33.2-920.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/33.2-920.html"}],"law_id":59892,"edition_id":1,"section_id":59892,"structure_id":15047,"section_number":"33.2-920","catch_line":"Appeal to circuit court","history":"Code 1950, \u00a7 33-76.19; 1950, p. 735; 1970, c. 322, \u00a7 33.1-162; 1978, c. 187; 2014, c. 805.","full_text":"Any one or more of the landowners who filed a petition or the governing body may within 30 days from the action of the governing body on the proposal appeal from the action of the governing body to the circuit court of the county. Where the governing body fails to adopt an ordinance or resolution pursuant to \u00a7 33.2-919, such person 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 action or inaction appealed from and the grounds for 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 for a public hearing, notice of such appeal shall be served upon the attorney for the Commonwealth and the governing body. 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. The court may appoint viewers to make such investigation and findings as the court requires of them. 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 road or the railroad crossing as a public road or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the road or the railroad crossing as a public road 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 road or such railroad crossing as a public road or public railroad crossing any party to such appeal would be deprived of access to a public road, the court may cause the railroad company and the governing body, 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 road or such railroad crossing for the benefit of such party or parties.","order_by":null,"text":{"0":{"id":219390,"text":"Any one or more of the landowners who filed a petition or the governing body may within 30 days from the action of the governing body on the proposal appeal from the action of the governing body to the circuit court of the county. Where the governing body fails to adopt an ordinance or resolution pursuant to \u00a7 33.2-919, such person 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 action or inaction appealed from and the grounds for 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 for a public hearing, notice of such appeal shall be served upon the attorney for the Commonwealth and the governing body. 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. The court may appoint viewers to make such investigation and findings as the court requires of them. 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 road or the railroad crossing as a public road or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the road or the railroad crossing as a public road 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 road or such railroad crossing as a public road or public railroad crossing any party to such appeal would be deprived of access to a public road, the court may cause the railroad company and the governing body, 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 road or such railroad crossing for the benefit of such party or parties.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15047,"edition_id":1,"name":"Abandonment of Roads Not in Primary or Secondary State Highway System","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":13179,"metadata":{},"date_created":"2026-06-26 03:51:44","date_modified":"2026-06-26 03:51:44","permalink":{"id":206395,"object_type":"structure","relational_id":15047,"identifier":"3","token":"33.2\/II\/9\/3","url":"\/33.2\/II\/9\/3\/","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":57363,"structure_id":15047,"section_number":"33.2-914","catch_line":"County roads not part of primary or secondary state highway system; definitions","url":"\/33.2-914\/","token":"33.2\/II\/9\/3\/33.2-914","metadata":false},{"id":71812,"structure_id":15047,"section_number":"33.2-915","catch_line":"Abandonment of certain roads and railroad crossings by governing body","url":"\/33.2-915\/","token":"33.2\/II\/9\/3\/33.2-915","metadata":false},{"id":83550,"structure_id":15047,"section_number":"33.2-916","catch_line":"Notice of proposed abandonment","url":"\/33.2-916\/","token":"33.2\/II\/9\/3\/33.2-916","metadata":false},{"id":58726,"structure_id":15047,"section_number":"33.2-917","catch_line":"Petition for abandonment","url":"\/33.2-917\/","token":"33.2\/II\/9\/3\/33.2-917","metadata":false},{"id":62556,"structure_id":15047,"section_number":"33.2-918","catch_line":"Petition for public hearing on proposed abandonment","url":"\/33.2-918\/","token":"33.2\/II\/9\/3\/33.2-918","metadata":false},{"id":60801,"structure_id":15047,"section_number":"33.2-919","catch_line":"Action of governing body","url":"\/33.2-919\/","token":"33.2\/II\/9\/3\/33.2-919","metadata":false},{"id":59892,"structure_id":15047,"section_number":"33.2-920","catch_line":"Appeal to circuit court","url":"\/33.2-920\/","token":"33.2\/II\/9\/3\/33.2-920","metadata":false},{"id":79098,"structure_id":15047,"section_number":"33.2-921","catch_line":"Effect of abandonment","url":"\/33.2-921\/","token":"33.2\/II\/9\/3\/33.2-921","metadata":false},{"id":73513,"structure_id":15047,"section_number":"33.2-922","catch_line":"Recordation of abandonment of roads, highways, or railroad crossings by counties","url":"\/33.2-922\/","token":"33.2\/II\/9\/3\/33.2-922","metadata":false},{"id":72099,"structure_id":15047,"section_number":"33.2-923","catch_line":"Alternative procedure for abandonment of old road or crossing to extent of alteration","url":"\/33.2-923\/","token":"33.2\/II\/9\/3\/33.2-923","metadata":false},{"id":66311,"structure_id":15047,"section_number":"33.2-924","catch_line":"Conveying sections of roads or other property no longer necessary","url":"\/33.2-924\/","token":"33.2\/II\/9\/3\/33.2-924","metadata":false},{"id":65000,"structure_id":15047,"section_number":"33.2-925","catch_line":"Alternative method of abandoning roads","url":"\/33.2-925\/","token":"33.2\/II\/9\/3\/33.2-925","metadata":false},{"id":57769,"structure_id":15047,"section_number":"33.2-926","catch_line":"Chapter 20 of Title 15.2 not affected","url":"\/33.2-926\/","token":"33.2\/II\/9\/3\/33.2-926","metadata":false}],"previous_section":{"id":60801,"structure_id":15047,"section_number":"33.2-919","catch_line":"Action of governing body","url":"\/33.2-919\/","token":"33.2\/II\/9\/3\/33.2-919","metadata":false},"next_section":{"id":79098,"structure_id":15047,"section_number":"33.2-921","catch_line":"Effect of abandonment","url":"\/33.2-921\/","token":"33.2\/II\/9\/3\/33.2-921","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/33.2-920\/","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":false,"refers_to":[{"id":60801,"section_number":"33.2-919","catch_line":"Action of governing body","order_by":null,"url":"\/33.2-919\/"}],"permalink":{"id":206421,"object_type":"law","relational_id":59892,"identifier":"33.2-920","token":"33.2\/II\/9\/3\/33.2-920","url":"\/33.2-920\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/33.2-920\/","token":"33.2\/II\/9\/3\/33.2-920","dublin_core":{"Title":"Appeal to circuit court","Type":"Text","Format":"text\/html","Identifier":"\u00a7 33.2-920","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Any one or more of the landowners who filed a petition<\/span> or the governing body may within 30 days from the action of the governing body on the proposal appeal<\/span> from the action of the governing body to the circuit<\/span> court<\/span> of the county. Where the governing body fails to adopt an ordinance<\/span> or resolution pursuant to \u00a7 33.2-919<\/a>, such person 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 action or inaction appealed from and the grounds for 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 for a public hearing<\/span>, notice of such appeal<\/span> shall be served upon the attorney for the Commonwealth and the governing body. 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>. The court<\/span> may appoint viewers to make such investigation and findings<\/span> as the court<\/span> requires of them. 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 road or the railroad crossing as a public road or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the road or the railroad crossing as a public road 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 road or such railroad crossing as a public road or public railroad crossing any party<\/span> to such appeal<\/span> would be deprived of access to a public road, the court<\/span> may cause the railroad company and the governing body, 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 road or such railroad crossing for the benefit of such party<\/span> or parties.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL TO CIRCUIT COURT (\u00a7 33.2-920)\n\nAny one or more of the landowners who filed a petition or the governing body may\nwithin 30 days from the action of the governing body on the proposal appeal from\nthe action of the governing body to the circuit court of the county. Where the\ngoverning body fails to adopt an ordinance or resolution pursuant to \u00a7\n33.2-919, such person named in this section shall within 30 days from such\nfailure have a right of appeal to the appropriate circuit court. Such appeal\nshall be filed by petition in the clerk’s office of such court, setting\nout the action or inaction appealed from and the grounds for appeal. Upon the\nfiling of such petition, the clerk of the circuit court shall docket the appeal,\ngiving it a preferred status, and if the appeal is by any of the landowners who\nfiled a petition with the governing body for a public hearing, notice of such\nappeal shall be served upon the attorney for the Commonwealth and the governing\nbody. No such appeal shall be tried by the court within 10 days after notice is\ngiven as provided in this section unless such notice is waived. The circuit\ncourt shall hear the matter de novo with further right of appeal as provided by\nlaw. The court may appoint viewers to make such investigation and findings as\nthe court requires of them. Upon the hearing of the appeal, the court shall\nascertain and by its order determine whether public necessity exists for the\ncontinuance of the section of road or the railroad crossing as a public road or\npublic railroad crossing or whether the welfare of the public will be served\nbest by abandoning the section of the road or the railroad crossing as a public\nroad 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\nsuch section of road or such railroad crossing as a public road or public\nrailroad crossing any party to such appeal would be deprived of access to a\npublic road, the court may cause the railroad company and the governing body, or\neither, 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 road\nor such railroad crossing for the benefit of such party or parties.\n\nHISTORY: Code 1950, \u00a7 33-76.19; 1950, p. 735; 1970, c. 322, \u00a7 33.1-162; 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}}