                                 CODE OF VIRGINIA

APPEAL TO CIRCUIT COURT (§ 33.2-920)

Any one or more of the landowners who filed a petition or the governing body may
within 30 days from the action of the governing body on the proposal appeal from
the action of the governing body to the circuit court of the county. Where the
governing body fails to adopt an ordinance or resolution pursuant to §
33.2-919, such person named in this section shall within 30 days from such
failure have a right of appeal to the appropriate circuit court. Such appeal
shall be filed by petition in the clerk&#8217;s office of such court, setting
out the action or inaction appealed from and the grounds for appeal. Upon the
filing of such petition, the clerk of the circuit court shall docket the appeal,
giving it a preferred status, and if the appeal is by any of the landowners who
filed a petition with the governing body for a public hearing, notice of such
appeal shall be served upon the attorney for the Commonwealth and the governing
body. No such appeal shall be tried by the court within 10 days after notice is
given as provided in this section unless such notice is waived. The circuit
court shall hear the matter de novo with further right of appeal as provided by
law. The court may appoint viewers to make such investigation and findings as
the court requires of them. Upon the hearing of the appeal, the court shall
ascertain and by its order determine whether public necessity exists for the
continuance of the section of road or the railroad crossing as a public road or
public railroad crossing or whether the welfare of the public will be served
best by abandoning the section of the road or the railroad crossing as a public
road or public railroad crossing and shall enter its order accordingly.
		Upon any such appeal, if it appears to the court that by the abandonment of
such section of road or such railroad crossing as a public road or public
railroad crossing any party to such appeal would be deprived of access to a
public road, the court may cause the railroad company and the governing body, or
either, to be made parties to the proceedings, if not already parties, and may
enter such orders as seem just and proper for keeping open such section of road
or such railroad crossing for the benefit of such party or parties.

HISTORY: Code 1950, § 33-76.19; 1950, p. 735; 1970, c. 322, § 33.1-162; 1978,
c. 187; 2014, c. 805.