reglab/housing_qa huggingface dataset:
VA Code § 33.2-901 (2021)
2021 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

In any case in which a section of a highway is deemed by the Commissioner of Highways no longer necessary for the uses of the primary state highway system, or when, in laying out, constructing, or maintaining sections of highways in the primary state highway system, a part of a highway has been or is straightened or the location of a part of it is altered and a section of the highway is deemed by the Commissioner of Highways no longer necessary for the uses of the primary state highway system, the Commissioner of Highways, by and with the approval of the Board, may discontinue such section of the highway as a part of the primary state highway system. In addition, in any case in which an existing crossing by such highway of the lines of a railroad company or a crossing by the lines of a railroad company of such highway is deemed by the Commissioner of Highways no longer necessary as a part of the primary state highway system, the Commissioner of Highways, by and with the approval of the Board, may discontinue such crossing as a part of the primary state highway system. Discontinuance under this section does not constitute an abandonment of such highway as a public highway or such crossing as a public crossing unless the procedure conforms to § 33.2-902.The opening of the new section of highway by the Commissioner of Highways and the entry by the Board upon its minutes of its approval of the discontinuance of the section of the highway or the railroad crossing shall be sufficient to constitute such discontinuance.Code 1950, § 33-76.1; 1950, p. 727; 1970, c. 322, § 33.1-144; 2014, c. 805.
VA Code § 33.2-903 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-903. Grade crossing closing and safety

A. It is the public policy of the Commonwealth to enhance public safety by establishing safe highway-rail grade crossings, to consolidate and close unsafe, unnecessary, or redundant crossings, and to limit the establishment of new crossings. The Board has the authority to close public highway-rail grade crossings on all systems of state highways for which it has responsibility.B. The Commissioner of Highways on his own motion or by request of any interested landowner, railroad corporation, or local governing body may petition the Board to close a highway-rail grade crossing as a public crossing.C. Prior to petitioning the Board to close a highway-rail grade crossing, the Commissioner of Highways shall conduct a traffic engineering study to determine the validity of closing the crossing. The traffic engineering study shall consider all factors, including (i) the number of freight and passenger trains passing the crossing and their timetable speeds, (ii) the distance to an alternate crossing, (iii) the availability of alternate access, (iv) the crossing's accident history during the five-year period immediately prior to the study, (v) the number of vehicles per day using the crossing, (vi) the posted speed limit at the crossing, (vii) the type of warning devices present at the crossing, (viii) the alignment of the roadway and railroad and their angle of intersection, (ix) the number of trucks per day carrying hazardous materials through the crossing, (x) the number of vehicles per day carrying passengers for hire through the crossing, (xi) the number of school buses per day using the crossing, and (xii) the use of the crossing by emergency vehicles.D. The results of the traffic engineering study shall be made public in accordance with the procedures set forth in § 33.2-902. The Commissioner of Highways shall present his findings and recommendations to the Board, and the Board shall decide what actions to take regarding the railroad crossing at issue.1996, cc. 114, 157, § 33.1-145.1; 2014, c. 805.
VA Code § 33.2-904 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-904. Effect of abandonment

In the case of abandonment of a section of highway or a railroad crossing that is part of the primary state highway system under the provisions of this article, such section of highway or such railroad crossing shall not thereafter be a public highway or public railroad crossing unless conveyed to the county or town and subject to the authority of the local governing body. In the case of proceedings for abandonment of any section of highway, not including a railroad crossing situated less than one and one-half miles from another public crossing over the same railroad, as a public highway under the provisions of this article, the local governing body, insofar as such section of highway is located within the county of such governing body, shall have authority to take over such section of highway, not including the railroad crossing, and maintain it as a public highway. However, the local governing body shall adopt an ordinance or resolution to that effect and to give notice thereof to the Commissioner of Highways within 30 days from the posting or publishing and mailing of the notice of the application for the abandonment of such section of highway as a public highway as provided in this article.Code 1950, § 33-76.3; 1950, p. 728; 1970, c. 322, § 33.1-146; 2014, c. 805.
VA Code § 33.2-905 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-905. Appeal to circuit court

A. Any one or more of the landowners who filed a petition, the governing body of any county or town in which the section of highway or the railroad crossing is wholly or partly located, or the Commissioner of Highways may within 30 days from the entry of the order by the Board appeal from the order to the circuit court of the county in which the section of highway or the railroad crossing, or the major portion thereof, sought to be abandoned under § 33.2-902 is located. If the Board fails to enter an order pursuant to § 33.2-902, such person or persons named in this section may appeal to the appropriate circuit court within 30 days from such failure. Such appeal shall be filed by petition in the clerk's office of such court, setting out the order appealed from or the cause appealed from where no order was entered and the grounds of such appeal. Upon the filing of such petition, the clerk of the circuit court shall docket the appeal, giving it a preferred status. If the appeal is by any of the landowners who filed a petition with the Board for a public hearing, notice of such appeal shall be served upon the attorney for the Commonwealth and the Commissioner of Highways. If the appeal is by the local governing body or the Commissioner of Highways, notice of such appeal shall be served upon the landowners who filed petition with the Board for a public hearing. 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. 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 highway or the railroad crossing as a public highway or public railroad crossing or whether the welfare of the public will be served best by abandoning the section of the highway or the railroad crossing as a public highway or public railroad crossing and shall enter its order accordingly. The clerk of the court shall certify a copy of the order of the court to the Board.B. Upon any such appeal, if it appears to the court that by the abandonment of such section of highway or such railroad crossing as a public highway or public railroad crossing any party to such appeal would be deprived of access to a public highway, the court may cause the railroad company or the local governing body 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 highway or such railroad crossing for the benefit of such party or parties.C. The provisions of this section shall not apply to any discontinuance of a portion of the primary state highway system under § 33.2-901.Code 1950, § 33-76.4; 1950, p. 729; 1970, c. 322, § 33.1-147; 1978, c. 187; 2014, c. 805.
VA Code § 33.2-906 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-906. Alternative procedure for abandonment of old highway or railroad crossing to extent of alteration

The Commissioner of Highways may declare any highway in the primary state highway system or any highway in the primary state highway system containing a highway-rail grade crossing abandoned when (i) it has been or is altered and a new highway that serves the same users as the old highway is constructed as a replacement and approved by the Commissioner of Highways or (ii) the Chief Engineer of the Department recommends that it is appropriate in connection with the completion of a construction or maintenance project. The old highways or the crossing may be abandoned to the extent of such alteration, but no further, by the entry by the Commissioner of Highways of such abandonment upon the records of the Department.Code 1950, § 33-76.5; 1950, p. 730; 1952, c. 124; 1970, c. 322, § 33.1-148; 2011, cc. 36, 152; 2014, c. 805.
VA Code § 33.2-907 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-907. Conveying sections of highways or other property no longer necessary

A. Whenever a highway or a section of a highway has been abandoned in accordance with the provisions of § 33.2-902 or 33.2-906 and is deemed by the Commissioner of Highways no longer necessary for the uses of the primary state highway system, the Commissioner of Highways shall so certify in writing and may execute in the name of the Commonwealth a deed or deeds conveying such section or sections of highway, either for consideration or in exchange for other lands that may be necessary for the uses of the primary state highway system. Before any such deed either for the sale or exchange of land is executed conveying any section of a highway along which any person resides, the Commissioner of Highways shall give notice to the governing bodies of the county and town and to the owner of the land upon which such person resides of the intention to convey the section of highway. If after a reasonable notice of such intention any such landowner or local governing body so requests, a hearing shall be ordered by the Commissioner of Highways as provided in this article. If upon such hearing it is determined that such section of highway should be left open for the reasonable convenience of such landowner or the public, then such section of highway shall not be conveyed. No such hearing shall be held if such highway was abandoned under § 33.2-902.B. When real estate acquired incidental to the construction, reconstruction, alteration, maintenance, and repair of the primary state highway system that does not constitute a section of the public highway is deemed by the Commissioner of Highways no longer necessary for the uses of the primary state highway system, the Commissioner of Highways shall so certify in writing and may execute in the name of the Commonwealth a deed 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 primary 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 primary 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 primary state highway system.Code 1950, § 33-76.6; 1950, p. 730; 1954, c. 88; 1970, c. 322, § 33.1-149; 2002, c. 445; 2011, cc. 36, 152; 2014, c. 805.
VA Code § 33.2-911 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-911. Permissible uses by counties of certain discontinued secondary highways

Whenever a secondary highway is discontinued under § 33.2-908, the highway shall continue to be available for use by the public as a highway, unless it has been abandoned pursuant to this chapter or its use has been modified by an ordinance adopted pursuant to this section. The governing body of the county may by ordinance provide for use of a discontinued highway for any of the following purposes: (i) hiking or bicycle trails and paths or other nonvehicular transportation and recreation; (ii) greenway corridors for resource protection and biodiversity enhancement, with or without public ingress and egress; and (iii) access to historic, cultural, and educational sites.1993, c. 349, § 33.1-152.1; 2011, c. 129; 2014, c. 805.
VA Code § 33.2-912 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-912. Alternative procedure for abandonment of old highway or crossing to extent of alteration

The Commissioner of Highways may declare any highway in the secondary state highway system or any highway in the secondary state highway system containing a highway-rail grade crossing abandoned when (i) it has been or is altered and a new highway that serves the same users as the old highway is constructed as a replacement and approved by the Commissioner of Highways or (ii) the Chief Engineer of the Department recommends that it is appropriate in connection with the completion of a construction or maintenance project. The old highway or the public crossing may be abandoned to the extent of such alteration, but no further, by the entry by the Commissioner of Highways of such abandonment upon the records of the Department.Code 1950, § 33-76.12; 1950, p. 734; 1952, c. 127; 1970, c. 322, § 33.1-155; 2011, cc. 36, 152; 2014, c. 805.
VA Code § 33.2-914 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-914. County roads not part of primary or secondary state highway system; definitions

A. The provisions of this article shall apply mutatis mutandis to county roads maintained by a county and not part of the secondary state highway system and to roads dedicated to public use but that are not part of the primary or secondary state highway system.B. For the purposes of this article:"Governing body" means the governing body of a county."Road" includes streets and alleys dedicated to public use and any existing crossing by the lines of a railroad company of such road and a railroad crossing by such road of the lines of a railroad company.Code 1950, § 33-76.13; 1950, p. 734; 1970, c. 322, § 33.1-156; 2014, c. 805.
VA Code § 33.2-915 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-915. Abandonment of certain roads and railroad crossings by governing body

A. When a section of a road not in the secondary state highway system, or an existing crossing by such road of the lines of a railroad company or a crossing by the lines of a railroad company of such road, is deemed by the governing body in which it is located to be no longer necessary for public use, the governing body may abandon such section of the road or such crossing by proceeding as prescribed in this article.B. In considering the abandonment of any section of road under the provisions of this section, due consideration shall be given to the historic value, if any, of such road.Code 1950, § 33-76.14; 1950, p. 734; 1970, c. 322, § 33.1-157; 1978, c. 616; 1980, c. 39; 2014, c. 805.
VA Code § 33.2-916 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-916. Notice of proposed abandonment

In the case of a proposed abandonment of a road not part of the primary or secondary state highway system, the governing body shall give at least 30 days' notice of its intention to do so by posting notice at the front door of the courthouse, by posting notices on at least three places along and visible from the road proposed to be abandoned, and by publishing notice in at least two issues in a newspaper having general circulation in the county. All such notices shall state the time and place at which the governing body will meet to consider the abandonment of such road.Code 1950, § 33-76.15; 1950, p. 734; 1970, c. 322, § 33.1-158; 2014, c. 805.
VA Code § 33.2-917 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-917. Petition for abandonment

Any person desiring to have a road abandoned may petition the governing body to abandon such road by filing the petition and a reasonably accurate plat and description of the section proposed to be abandoned with the governing body and in the clerk's office of the county. The governing body may proceed to have such road abandoned as provided in this article, but the expenses shall be borne by the petitioner.Code 1950, § 33-76.16; 1950, p. 735; 1970, c. 322, § 33.1-159; 2014, c. 805.
VA Code § 33.2-918 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-918. Petition for public hearing on proposed abandonment

If one or more landowners affected by a proposed abandonment file a petition for a public hearing with the governing body within 30 days after notice is posted and published, the governing body shall hold a public hearing in the county for the consideration of the proposed abandonment.Code 1950, § 33-76.17; 1950, p. 735; 1970, c. 322, § 33.1-160; 2014, c. 805.
VA Code § 33.2-919 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-919. Action of governing body

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.
VA Code § 33.2-920 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-920. Appeal to circuit court

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'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.Code 1950, § 33-76.19; 1950, p. 735; 1970, c. 322, § 33.1-162; 1978, c. 187; 2014, c. 805.
VA Code § 33.2-921 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-921. Effect of abandonment

In the case of the abandonment of any section of road or any railroad crossing under the provisions of this article, such section of road or such crossing shall cease to be a public road or public railroad crossing. However, any such abandonment shall be subject to the rights of owners of any public utility installations that have been previously erected therein.Code 1950, § 33-76.20; 1950, p. 736; 1970, c. 322, § 33.1-163; 1986, c. 12; 2014, c. 805.
VA Code § 33.2-922 (2021)
2021 Code of Virginia|Title 33.2 - Highways and Other Surface Transportation Systems|Chapter 9 - Abandonment and Discontinuance of Highways and Roads|§ 33.2-922. Recordation of abandonment of roads, highways, or railroad crossings by counties

A certified copy of any ordinance, resolution, or order abandoning a road, highway, or railroad crossing by a county adopted pursuant to Article 2 (§ 33.2-908 et seq.) or this article shall be recorded and indexed in the deed book in the name of the county as grantor or where record title to the underlying fee is not known shall be recorded in the office of the clerk of court in the county where such road, highway, or railroad crossing is located in the name of the county adopting such ordinance or resolution or entering such order.1986, c. 631, § 33.1-163.1; 2014, c. 805.