Whenever a public highway is, or has been, established with gates, any person may apply to the governing body of the county to have such gates discontinued, on which application proceedings shall be had in accordance with the applicable provisions of §§ 33.2-706 through 33.2-717. If the local governing body decides that the gates shall be removed, it shall direct the sheriff of the county to remove the same, and the sheriff shall do so at such time as the local governing body may direct.
When damages are allowed to any person or persons on account of the removal of such gates, such damages and the costs incident to the proceeding shall be paid out of the county general fund. Any such person shall have an appeal of right to the circuit court of the county, at any time within 10 days from the date of the order making such allowance, but only from the amount of damages allowed.
Code 1950, § 33-161; 1970, c. 322, § 33.1-246; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 7 - Local Authority over Highways
§ 33.2-700. Transfer of highways, etc., from secondary state highway system to local authorities
§ 33.2-702. Gifts received by counties for construction, maintenance, etc., of secondary highways
§ 33.2-703. Funds for highways not in secondary state highway system
§ 33.2-704. Agreements between localities for construction and operation of toll facilities
§ 33.2-705. Continuance of powers of county authorities; alternative procedure
§ 33.2-708. Pay to viewers, commissioners, and engineers
§ 33.2-709. Consent of landowners
§ 33.2-710. Proceedings on report; notice to owners
§ 33.2-711. Guardian ad litem for persons under disability
§ 33.2-712. Defense allowed; what board may do
§ 33.2-713. Appointment of commissioners to assess damages
§ 33.2-714. Enhancement in value of residue
§ 33.2-715. Action of commissioners; report
§ 33.2-716. Appeal to circuit court
§ 33.2-717. Who shall pay costs, compensation, and damages
§ 33.2-719. Abandonment of certain highways and railway crossings
§ 33.2-720. Supervisors may issue process
§ 33.2-721. Compensation of clerk of board
§ 33.2-722. Discontinuance of gates on public highways
§ 33.2-723. Assumption of district highway indebtedness by counties