                                 CODE OF VIRGINIA

ALTERATION AND VACATION OF PUBLIC RIGHTS-OF-WAY; APPEAL FROM DECISION (§
15.2-2006)

In addition to (i) the powers contained in the charter of any locality, (ii) any
powers now had by such governing bodies under the common law or (iii) powers by
other provisions of law, public rights-of-way in localities may be altered or
vacated on motion of such governing bodies or on application of any person after
notice of intention to do so has been published twice in a newspaper having
general circulation in the locality, with the first notice appearing no more
than 28 days before and the second notice appearing no less than seven days
before the hearing. The notice shall specify the time and place of a hearing at
which persons affected may appear and be heard. The cost of publishing the
notice shall be taxed to the applicant. At the conclusion of the hearing and on
application of any person, the governing body may appoint three to five people
to view such public right-of-way and report in writing any inconvenience that
would result from discontinuing the right-of-way. The governing body may allow
the viewers up to fifty dollars each for their services. The sum allowed shall
be paid by the person making the application to alter or vacate the public
right-of-way. From such report and other evidence, if any, and after the land
owners affected thereby, along the public right-of-way proposed to be altered or
vacated, have been notified, the governing body may discontinue the public
right-of-way. When an applicant requests a vacation to accommodate expansion or
development of an existing or proposed business, the governing body may
condition the vacation upon commencement of the expansion or development within
a specified period of time. Failing to commence within such time may render the
vacation, at the option of the governing body, void. A certified copy of the
ordinance of vacation shall be recorded as deeds are recorded and indexed in the
name of the locality. A conditional vacation shall not be recorded until the
condition has been met.
		Any appeal shall be filed within sixty days of adoption of the ordinance with
the circuit court for the locality in which the public right-of-way is located.

HISTORY: Code 1950, § 15-766; 1950, p. 725; 1952, c. 580; 1956, c. 487; 1958,
c. 196; 1962, c. 623, § 15.1-364; 1964, c. 13; 1972, c. 357; 1973, c. 71; 1980,
c. 236; 1982, c. 381; 1983, c. 33; 1984, c. 175; 1986, c. 41; 1997, c. 587;
2024, cc. 225, 242.