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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>62815</law_id><section_number>33.2-910</section_number><catch_line>Appeal to circuit court</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>33.2-913</reference></referred_to_by><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="2">Abandonment and Discontinuance of Highways in Secondary State Highway System</unit></structure><text>
						<section><p>Any one or more of the landowners whose property abuts the <span class="dictionary">highway</span>, landing, or railroad crossing proposed to be abandoned, or if only a section of a <span class="dictionary">highway</span>, landing, or railroad crossing is proposed to be abandoned, whose property abuts such section of the <span class="dictionary">highway</span>, landing, or railroad crossing, and who petitioned for a public <span class="dictionary">hearing</span> under &#xA7;&#xA0;<a class="law" title="Abandonment of highway, landing, or railroad crossing; procedure" href="/33.2-909/">33.2-909</a> or the <span class="dictionary">Commissioner of Highways</span>, or if a public landing is proposed to be abandoned, the Director of the <span class="dictionary">Department</span> of Wildlife Resources, may within 30 days from the adoption of an <span class="dictionary">ordinance</span> or resolution by the governing body of the county <span class="dictionary">appeal</span> from the <span class="dictionary">ordinance</span> or resolution to the <span class="dictionary">circuit</span> <span class="dictionary">court</span> of the county in which the section of <span class="dictionary">highway</span>, the public landing, or the railroad crossing sought to be abandoned under &#xA7;&#xA0;<a class="law" title="Abandonment of highway, landing, or railroad crossing; procedure" href="/33.2-909/">33.2-909</a> is located. Where the governing body of the county fails to adopt an <span class="dictionary">ordinance</span> or resolution pursuant to &#xA7;&#xA0;<a class="law" title="Abandonment of highway, landing, or railroad crossing; procedure" href="/33.2-909/">33.2-909</a>, such person or persons named in this section shall within 30 days from such failure have a right of <span class="dictionary">appeal</span> to the appropriate <span class="dictionary">circuit</span> <span class="dictionary">court</span>. Such <span class="dictionary">appeal</span> shall be filed by <span class="dictionary">petition</span> in the clerk&#x2019;s office of such <span class="dictionary">court</span>, setting out the <span class="dictionary">ordinance</span> or resolution appealed from or the cause appealed from where no <span class="dictionary">ordinance</span> or resolution was adopted and the grounds of such <span class="dictionary">appeal</span>. Upon the filing of such <span class="dictionary">petition</span>, the clerk of the <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall <span class="dictionary">docket</span> the <span class="dictionary">appeal</span>, giving it a preferred status, and if the <span class="dictionary">appeal</span> is by any of the landowners who filed a <span class="dictionary">petition</span> with the governing body of the county for a public <span class="dictionary">hearing</span>, notice of such <span class="dictionary">appeal</span> shall be served upon each member of the governing body of the county pursuant to &#xA7;&#xA0;<a class="law" title="How process served on municipal and county governments and on quasi-governmental entities" href="/8.01-300/">8.01-300</a> and either the <span class="dictionary">Commissioner of Highways</span> or the Director of the <span class="dictionary">Department</span> of Wildlife Resources, as applicable, and if the <span class="dictionary">appeal</span> is by either the <span class="dictionary">Commissioner of Highways</span> or the Director of the <span class="dictionary">Department</span> of Wildlife Resources, notice of such <span class="dictionary">appeal</span> shall be served upon the governing body of the county and the landowners who filed <span class="dictionary">petition</span> with the governing body of the county for a public <span class="dictionary">hearing</span>. No such <span class="dictionary">appeal</span> shall be tried by the <span class="dictionary">court</span> within 10 days after notice is given, as provided in this section unless such notice is waived. The <span class="dictionary">circuit</span> <span class="dictionary">court</span> shall decide the <span class="dictionary">appeal</span> based upon the record and upon such other <span class="dictionary">evidence</span> as may be presented by the parties. Upon the <span class="dictionary">hearing</span> of the <span class="dictionary">appeal</span>, the <span class="dictionary">court</span> shall ascertain and by its <span class="dictionary">order</span> determine whether adequate justification exists for the decision of the governing body of the county that public necessity exists for the <span class="dictionary">continuance</span> of the section of <span class="dictionary">highway</span>, landing, or the railroad crossing as a public <span class="dictionary">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 <span class="dictionary">highway</span>, landing, or the railroad crossing as a public <span class="dictionary">highway</span>, public landing, or public railroad crossing and shall enter its <span class="dictionary">order</span> accordingly.
		Upon any such <span class="dictionary">appeal</span>, if it appears to the <span class="dictionary">court</span> that by the <span class="dictionary">abandonment</span> of such section of <span class="dictionary">highway</span>, landing, or railroad crossing as a public <span class="dictionary">highway</span>, public landing, or public railroad crossing any <span class="dictionary">party</span> to such <span class="dictionary">appeal</span> would be deprived of access to a public <span class="dictionary">highway</span>, the <span class="dictionary">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 <span class="dictionary">orders</span> as seem just and proper for keeping open such section of <span class="dictionary">highway</span>, landing, or railroad crossing for the benefit of such <span class="dictionary">party</span> or parties.</p></section></text><history>Code 1950, &#xA7; 33-76.9; 1950, p. 732; 1970, c. 322, &#xA7; 33.1-152; 1978, c. 187; 1981, c. 323; 1990, c. 190; 2014, c. 805; 2020, c. 958.</history><metadata></metadata></law>
