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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>83588</law_id><section_number>33.2-904</section_number><catch_line>Effect of abandonment</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="II">Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation</unit><unit label="chapter" level="3" order_by="1" identifier="9">Abandonment and Discontinuance of Highways and Roads</unit><unit label="article" level="4" order_by="1" identifier="1">Abandonment and Discontinuance of Highways in Primary State Highway System</unit></structure><text>
						<section><p>In the case of <span class="dictionary">abandonment</span> of a section of <span class="dictionary">highway</span> or a railroad crossing that is part of the primary state <span class="dictionary">highway</span> system under the provisions of this article, such section of <span class="dictionary">highway</span> or such railroad crossing shall not thereafter be a public <span class="dictionary">highway</span> or public railroad crossing unless conveyed to the county or town and subject to the authority of the local governing body. In the case of proceedings for <span class="dictionary">abandonment</span> of any section of <span class="dictionary">highway</span>, not including a railroad crossing situated less than one and one-half miles from another public crossing over the same railroad, as a public <span class="dictionary">highway</span> under the provisions of this article, the local governing body, insofar as such section of <span class="dictionary">highway</span> is located within the county of such governing body, shall have authority to take over such section of <span class="dictionary">highway</span>, not including the railroad crossing, and maintain it as a public <span class="dictionary">highway</span>. However, the local governing body shall adopt an <span class="dictionary">ordinance</span> or resolution to that effect and to give notice thereof to the <span class="dictionary">Commissioner of Highways</span> within 30 days from the posting or publishing and mailing of the notice of the application for the <span class="dictionary">abandonment</span> of such section of <span class="dictionary">highway</span> as a public <span class="dictionary">highway</span> as provided in this article.</p></section></text><history>Code 1950, &#xA7; 33-76.3; 1950, p. 728; 1970, c. 322, &#xA7; 33.1-146; 2014, c. 805.</history><metadata></metadata></law>
