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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>76031</law_id><section_number>33.2-913</section_number><catch_line>Conveying sections of highways, landings, or other property no longer necessary</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="2">Abandonment and Discontinuance of Highways in Secondary State Highway System</unit></structure><text>
						<section id="A"><p><span class="prefix-number">A.</span> Whenever a <span class="dictionary">secondary highway</span> or landing has been abandoned in accordance with the provisions of &#xA7; <a class="law" title="Abandonment of highway, landing, or railroad crossing; procedure" href="/33.2-909/">33.2-909</a> or <a class="law" title="Appeal to circuit court" href="/33.2-910/">33.2-910</a> or in accordance with &#xA7; <a class="law" title="Alternative procedure for abandonment of old highway or crossing to extent of alteration" href="/33.2-912/">33.2-912</a> and its use is no longer deemed necessary by the <span class="dictionary">Commissioner of Highways</span>, the <span class="dictionary">Commissioner of Highways</span> shall so certify in writing to the governing body of the county in which such highway or landing is located, and the governing body of the county or the <span class="dictionary">Commissioner of Highways</span> shall then be authorized to execute, in the name of the Commonwealth or the county, a deed or deeds conveying such section or sections of highway or such landing, either for consideration or in exchange for other lands that may be necessary for the uses of the secondary state highway system. Before any such deed either for the sale or exchange of land is executed conveying any section of a highway or landing along which any person resides, notice shall be given by the <span class="dictionary">Commissioner of Highways</span> or the governing body of the county and to the owner or owners of the land upon which such person resides of the intention to convey the section of highway or the landing and if after a reasonable notice of such intention any such landowner so requests, a <span class="dictionary">hearing</span> shall be ordered by the <span class="dictionary">Commissioner of Highways</span> or governing body of the county as provided in this article. If upon such <span class="dictionary">hearing</span> it is determined that such section of highway or landing should be kept open for the reasonable convenience of such landowner or the public, then such section of highway or landing shall not be conveyed.
			Any such conveyance by the governing body of a county shall not be subject to &#xA7; <a class="law" title="Purchase, sale, use, etc., of real property" href="/15.2-1800/">15.2-1800</a>. <a id="paragraph-272900" class="section-permalink" href="https://vacode.org/33.2-913/#A"><i class="fa fa-link"/></a></p></section>
						<section id="B"><p><span class="prefix-number">B.</span> When real estate acquired by the Commonwealth incidental to the construction, reconstruction, alteration, <span class="dictionary">maintenance</span>, and repair of the secondary state highway system does not constitute a section of a public highway and is deemed by the <span class="dictionary">Commissioner of Highways</span> no longer necessary for the uses of the secondary state highway system, the <span class="dictionary">Commissioner of Highways</span> shall so certify in writing and is authorized to execute in the name of the Commonwealth a deed or deeds conveying such real estate, interest therein, or any portion thereof, either for consideration or in exchange for other lands that may be necessary for the uses of the secondary state highway system. <a id="paragraph-272901" class="section-permalink" href="https://vacode.org/33.2-913/#B"><i class="fa fa-link"/></a></p></section>
						<section id="C"><p><span class="prefix-number">C.</span> Upon <span class="dictionary">petition</span> of a local governing body, the <span class="dictionary">Board</span> may transfer real estate acquired incidental to the construction, reconstruction, alteration, <span class="dictionary">maintenance</span>, or repair of the secondary state highway system that constitutes a section of public highway to the local governing body, and upon such transfer, such section of highway shall cease being a part of the secondary state highway system.
			Any such conveyance shall be subject to approval of the <span class="dictionary">Board</span> by resolution and recorded in the minutes of the <span class="dictionary">Board</span>. <a id="paragraph-272902" class="section-permalink" href="https://vacode.org/33.2-913/#C"><i class="fa fa-link"/></a></p></section></text><history>Code 1950, &#xA7; 33-76.11; 1950, p. 733; 1956, c. 106; 1970, c. 322, &#xA7; 33.1-154; 1981, c. 323; 2002, c. 445; 2011, cc. 36, 152; 2014, c. 805.</history><metadata></metadata></law>
