                                 CODE OF VIRGINIA

DISCONTINUANCE OF HIGHWAY, LANDING, OR RAILROAD CROSSING; PROCEDURE (§
33.2-908)

A. For the purposes of this article, &#8220;landing&#8221; means a place on a
river or other navigable body of water for loading or unloading goods or for the
reception and delivery of travelers, the terminus of a highway on a river or
other navigable body of water for loading or unloading goods or for the
reception and delivery of travelers, or a place for loading or unloading
watercraft, but not a harbor for watercraft.

B. Upon petition of the governing body of any county in which a highway,
landing, or railroad crossing is located or upon petition of the governing body
of a town with a population of 3,500 or less, or on its own motion, the Board
may discontinue any highway, landing, or railroad crossing in the secondary
state highway system as a part thereof in any case in which the Board deems such
highway, landing, or railroad crossing not required for public convenience. If
the Board on its own motion desires to discontinue any such highway, landing, or
railroad crossing, the Board shall give notice to the affected governing body at
least 30 days prior to such discontinuance. In addition, in cases where only a
highway or landing or the maintenance thereof is to be discontinued, the Board
shall give notice of such intention to the public at least 30 days prior to such
action by publishing such notice in at least one issue in a newspaper having
general circulation in the county in which the affected highway or landing is
situated and, where practicable, by a registered letter to each landowner whose
property abuts the section of highway or landing to be discontinued. For the
purposes of this section, the Board may, where practicable, rely upon the tax
records of the county to determine the names and addresses of such owners. These
additional notice provisions shall not be required in cases where the section of
highway to be discontinued has been replaced by a new highway serving the same
users. If the governing body of any county or town requests a hearing, or upon
petition of any landowner whose property abuts a highway or landing that is to
be discontinued, the Board shall hold a hearing in the county in which the
highway, landing, or railroad crossing is located in order to ascertain whether
or not such highway, landing, or railroad crossing should be discontinued. From
the finding of the Board, an appeal shall lie to the circuit court of the county
in which such highway, landing, or railroad crossing is located and the
procedure thereon shall conform to the procedure prescribed in &#xA7; 33.2-905.
The jurisdiction and procedure for abandonment of highways and landings
discontinued as parts of the secondary state highway system in accordance with
this article shall remain in the local governing bodies.

C. In cases where the Chief Engineer of the Department recommends that it is
appropriate in connection with the completion of a construction or maintenance
project to discontinue any highway, landing, or railroad crossing in the
secondary state highway system, the Commissioner of Highways may discontinue
such highway, landing, or railroad crossing as he deems proper. The entry by the
Commissioner of Highways upon the records of the Department of the
discontinuance shall be sufficient to constitute such discontinuance.

HISTORY: Code 1950, § 33-76.7; 1950, p. 731; 1970, c. 322, § 33.1-150; 1978,
c. 337; 1981, c. 323; 2011, cc. 36, 152; 2014, c. 805.