                                 CODE OF VIRGINIA

CONVEYING SECTIONS OF HIGHWAYS, LANDINGS, OR OTHER PROPERTY NO LONGER NECESSARY
(§ 33.2-913)

A. Whenever a secondary highway or landing has been abandoned in accordance with
the provisions of &#xA7; 33.2-909 or 33.2-910 or in accordance with &#xA7;
33.2-912 and its use is no longer deemed necessary by the Commissioner of
Highways, the Commissioner of Highways 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 Commissioner of Highways 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 Commissioner of
Highways 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 hearing shall be ordered by the Commissioner of
Highways or governing body of the county as provided in this article. If upon
such hearing 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; 15.2-1800.

B. When real estate acquired by the Commonwealth incidental to the construction,
reconstruction, alteration, maintenance, and repair of the secondary state
highway system does not constitute a section of a public highway and is deemed
by the Commissioner of Highways no longer necessary for the uses of the
secondary state highway system, the Commissioner of Highways 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.

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 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 Board by resolution
and recorded in the minutes of the Board.

HISTORY: Code 1950, § 33-76.11; 1950, p. 733; 1956, c. 106; 1970, c. 322, §
33.1-154; 1981, c. 323; 2002, c. 445; 2011, cc. 36, 152; 2014, c. 805.