If a petition for a public hearing is not filed as provided in § 33.2-918, or if after a public hearing is held the governing body is satisfied that no public necessity exists for the continuance of the section of road as a public road or the railroad crossing as a public railroad crossing or that the welfare of the public would be served best by abandoning the section of road or the railroad crossing as a public road or public railroad crossing, the governing body shall (i) within four months of the 30-day period during which notice was posted where no petition for a public hearing was filed or (ii) within four months after the public hearing adopt an ordinance or resolution abandoning the section of road as a public road or the railroad crossing as a public railroad crossing, and with that ordinance or resolution the section of road shall cease to be a public road. If the governing body is not so satisfied, it shall dismiss the application within the applicable four months provided in this section.
Code 1950, § 33-76.18; 1950, p. 735; 1970, c. 322, § 33.1-161; 1978, c. 187; 2014, c. 805.
Structure Code of Virginia
Title 33.2 - Highways and Other Surface Transportation Systems
Chapter 9 - Abandonment and Discontinuance of Highways and Roads
§ 33.2-901. Discontinuance of a section of a highway or railroad crossing
§ 33.2-902. Abandonment of highway or railroad crossing; procedure
§ 33.2-903. Grade crossing closing and safety
§ 33.2-904. Effect of abandonment
§ 33.2-905. Appeal to circuit court
§ 33.2-907. Conveying sections of highways or other property no longer necessary
§ 33.2-908. Discontinuance of highway, landing, or railroad crossing; procedure
§ 33.2-909. Abandonment of highway, landing, or railroad crossing; procedure
§ 33.2-910. Appeal to circuit court
§ 33.2-911. Permissible uses by counties of certain discontinued secondary highways
§ 33.2-912. Alternative procedure for abandonment of old highway or crossing to extent of alteration
§ 33.2-913. Conveying sections of highways, landings, or other property no longer necessary
§ 33.2-914. County roads not part of primary or secondary state highway system; definitions
§ 33.2-915. Abandonment of certain roads and railroad crossings by governing body
§ 33.2-916. Notice of proposed abandonment
§ 33.2-917. Petition for abandonment
§ 33.2-918. Petition for public hearing on proposed abandonment
§ 33.2-919. Action of governing body
§ 33.2-920. Appeal to circuit court
§ 33.2-921. Effect of abandonment
§ 33.2-922. Recordation of abandonment of roads, highways, or railroad crossings by counties
§ 33.2-923. Alternative procedure for abandonment of old road or crossing to extent of alteration
§ 33.2-924. Conveying sections of roads or other property no longer necessary
§ 33.2-925. Alternative method of abandoning roads
§ 33.2-926. Chapter 20 of Title 15.2 not affected
§ 33.2-929. Plans for relocation of highways in connection with municipal water supply projects
§ 33.2-930. Acquisition of lands for relocation
§ 33.2-931. Costs of relocation
§ 33.2-932. Construction of relocated highway