                                 CODE OF VIRGINIA

CONVEYING SECTIONS OF HIGHWAYS OR OTHER PROPERTY NO LONGER NECESSARY (§
33.2-907)

A. Whenever a highway or a section of a highway has been abandoned in accordance
with the provisions of &#xA7; 33.2-902 or 33.2-906 and is deemed by the
Commissioner of Highways no longer necessary for the uses of the primary state
highway system, the Commissioner of Highways shall so certify in writing and may
execute in the name of the Commonwealth a deed or deeds conveying such section
or sections of highway, either for consideration or in exchange for other lands
that may be necessary for the uses of the primary state highway system. Before
any such deed either for the sale or exchange of land is executed conveying any
section of a highway along which any person resides, the Commissioner of
Highways shall give notice to the governing bodies of the county and town and to
the owner of the land upon which such person resides of the intention to convey
the section of highway. If after a reasonable notice of such intention any such
landowner or local governing body so requests, a hearing shall be ordered by the
Commissioner of Highways as provided in this article. If upon such hearing it is
determined that such section of highway should be left open for the reasonable
convenience of such landowner or the public, then such section of highway shall
not be conveyed. No such hearing shall be held if such highway was abandoned
under &#xA7; 33.2-902.

B. When real estate acquired incidental to the construction, reconstruction,
alteration, maintenance, and repair of the primary state highway system that
does not constitute a section of the public highway is deemed by the
Commissioner of Highways no longer necessary for the uses of the primary state
highway system, the Commissioner of Highways shall so certify in writing and may
execute in the name of the Commonwealth a deed 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 primary state
highway system.

C. Upon petition of a local governing body, the Board may transfer real estate
acquired incidental to the construction, reconstruction, alteration,
maintenance, or repair of the primary 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 primary state highway
system.

HISTORY: Code 1950, § 33-76.6; 1950, p. 730; 1954, c. 88; 1970, c. 322, §
33.1-149; 2002, c. 445; 2011, cc. 36, 152; 2014, c. 805.