                                 CODE OF VIRGINIA

PROCEDURE TO SECURE ABANDONMENT OF HIGHWAYS TO BE FLOODED IN CONNECTION WITH
MUNICIPAL WATER SUPPLY PROJECTS (§ 33.2-928)

A city or town subject to the provisions of this article shall certify to the
governing body of the county within which the highway, or the greater part
thereof, lies a copy of the ordinance adopted by the city or town as provided in
this article. The governing body of the county, upon receipt, shall within 30
days (i) consider the reasonableness of the action contemplated by the city or
town ordinance, (ii) propose and publish an ordinance approving or disapproving
the action contemplated by the city or town, and (iii) conduct a hearing
thereon. In the event that after such hearing the governing body of the county
disapproves the proposed flooding, discontinuance, and abandonment of the
highway, the city or town shall have the right to an appeal to the circuit court
of the county where the question of the reasonableness of the proposed flooding
and abandonment shall be heard de novo by the circuit court and judgment shall
be rendered according to its decision. The judgment of the circuit court may be
appealed to the Court of Appeals.

HISTORY: Code 1950, § 33-83; 1970, c. 322, § 33.1-169; 2014, c. 805; 2021, Sp.
Sess. I, c. 489.