                                 CODE OF VIRGINIA

ABANDONMENT OF HIGHWAY OR RAILROAD CROSSING; PROCEDURE (§ 33.2-902)

A. The Commissioner of Highways either on his own motion or upon petition of any
interested landowner may cause any section of a highway in the primary state
highway system, or any crossing by such highway of the lines of a railroad
company or crossing by the lines of a railroad company of such highway, to be
abandoned altogether as a public highway or as a public crossing by complying
substantially with the procedure provided in this section.

B. The Commissioner of Highways or any interested landowner may file application
with the Board setting out the section of the highway or the railroad crossing
sought to be abandoned as a public highway or public railroad crossing. The
Board shall give notice of the filing of the application (i) by posting a notice
of such application at least three days before the first day of a regular term
of the circuit court at the front door of the courthouse of the county in which
the section of the highway or railroad crossing sought to be abandoned as a
public highway or public railroad crossing is located, or if the section of the
highway or the railroad crossing is located partly in two or more counties, at
the front door of the courthouse of each county, or (ii) by publishing a notice
of such application in two or more issues of a newspaper published in the county
or one of the counties in which the section of the highway or the crossing is
located. The Board shall also send by registered mail a notice of the
application to the governing body of the county or counties. If such highway or
railroad crossing is in a town with a population of 3,500 or less, the Board
shall give notice to the governing body of the town in the same manner as notice
is required to be given to the governing body of the county in which the town is
located.

C. If one or more landowners in the county or counties affected by such proposed
abandonment or the governing body of a county or town in which the highway or
railroad crossing is located files a petition with the Board within 30 days
after notice is posted or published and mailed as provided in this section, the
Board or a representative thereof shall hold a public hearing in the county or
one of the counties for consideration of the application and shall give notice
of the time and place of the hearing by publishing such information in at least
two issues in a newspaper having general circulation in the county or one of the
counties and by mailing notice of the hearing to the governing body of the
county or counties, and if applicable to the governing body of the town, in
which the highway or railroad crossing is located.

D. If a petition for a public hearing is not filed as provided in this section,
or if after a public hearing is held a majority of the Board is satisfied that
no public necessity exists for the continuance of the section of highway as a
public highway or the railroad crossing as a public railroad crossing or that
the welfare of the public would be served best by abandoning the section of
highway or the railroad crossing as a public highway or public railroad
crossing, the Board shall (i) within four months of the 30-day period during
which notice was posted where no petition for a public hearing was filed or (ii)
within four months after the public hearing enter an order on its minutes
abandoning the section of highway as a public highway or the railroad crossing
as a public railroad crossing, and with that order the section of highway shall
cease to be a public highway, unless the local governing body takes control as
provided in this article, or the railroad crossing shall cease to be a public
railroad crossing. If the Board is not so satisfied, it shall enter an order
dismissing the application within the applicable four months provided in this
subsection.

E. In considering the abandonment of any section of highway under the provisions
of this section, due consideration shall be given to the historic value, if any,
of such highway.

HISTORY: Code 1950, § 33-76.2; 1950, p. 727; 1970, c. 322, § 33.1-145; 1978,
c. 187; 1980, c. 39; 2014, c. 805.