reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-913. Conveying sections of highways, landings, or other property no longer necessary

A. Whenever a secondary highway or landing has been abandoned in accordance with the provisions of § 33.2-909 or 33.2-910 or in accordance with § 33.2-912 and its use is no longer deemed necessary by the Commissioner of Highways, the Commissioner of Highways shall so certify in writing to the governing body of the county in which such highway or landing is located, and the governing body of the county or the Commissioner of Highways shall then be authorized to execute, in the name of the Commonwealth or the county, a deed or deeds conveying such section or sections of highway or such landing, either for consideration or in exchange for other lands that may be necessary for the uses of the secondary state highway system. Before any such deed either for the sale or exchange of land is executed conveying any section of a highway or landing along which any person resides, notice shall be given by the Commissioner of Highways or the governing body of the county and to the owner or owners of the land upon which such person resides of the intention to convey the section of highway or the landing and if after a reasonable notice of such intention any such landowner so requests, a hearing shall be ordered by the Commissioner of Highways or governing body of the county as provided in this article. If upon such hearing it is determined that such section of highway or landing should be kept open for the reasonable convenience of such landowner or the public, then such section of highway or landing shall not be conveyed.
Any such conveyance by the governing body of a county shall not be subject to § 15.2-1800.
B. When real estate acquired by the Commonwealth incidental to the construction, reconstruction, alteration, maintenance, and repair of the secondary state highway system does not constitute a section of a public highway and is deemed by the Commissioner of Highways no longer necessary for the uses of the secondary state highway system, the Commissioner of Highways shall so certify in writing and is authorized to execute in the name of the Commonwealth a deed or deeds 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 secondary 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 secondary 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 secondary state highway system.
Any such conveyance shall be subject to approval of the Board by resolution and recorded in the minutes of the Board.
Code 1950, § 33-76.11; 1950, p. 733; 1956, c. 106; 1970, c. 322, § 33.1-154; 1981, c. 323; 2002, c. 445; 2011, cc. 36, 152; 2014, c. 805.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-923. Alternative procedure for abandonment of old road or crossing to extent of alteration

When any road or any road containing a highway-rail grade crossing has been or is altered and a new road that serves the same users as the old road is constructed as a replacement and approved by the governing body, the old road or public crossing may be abandoned to the extent of such alteration, but no further, by an ordinance or resolution of the governing body declaring the old road or public crossing abandoned.
Code 1950, § 33-76.21; 1950, p. 736; 1952, c. 123; 1970, c. 322, § 33.1-164; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-924. Conveying sections of roads or other property no longer necessary

When any road abandoned as provided in this article is deemed by the governing body no longer necessary for the public use, the governing body shall so certify in its minutes and may authorize the sale and conveyance in the name of the county of a deed or deeds conveying such sections, either for consideration or in exchange for other lands that may be necessary for the uses of the county. However, before any such deed either for the sale or exchange of land is executed conveying any section of a road along which any person resides, the governing body shall give notice to the owner of the land upon which such person resides of the intention to convey the section of road, and if after a reasonable notice of such intention any such landowner so requests, the governing body shall order a hearing. If upon such hearing it is determined that such section of road should be kept open for the reasonable convenience of such landowner or the public, then such section of road shall not be conveyed. The action of the governing body under this section shall not be subject to § 15.2-1800.
Code 1950, § 33-76.22; 1950, p. 736; 1970, c. 322, § 33.1-165; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-925. Alternative method of abandoning roads

As an alternative to the procedure for abandonment prescribed by this article, a road may be abandoned in accordance with the procedure for vacations in subdivision 2 of § 15.2-2272. All abandonments of roads sought to be effected according to subsection (b) of former § 15.1-482 before July 1, 1990, are hereby validated notwithstanding any defects or deficiencies in the proceeding, provided that property rights that have vested subsequent to the attempted abandonment are not impaired by such validation. The manner of reversion shall not be affected by this section.
1990, c. 198, § 33.1-166.1; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-926. Chapter 20 of Title 15.2 not affected

No provision of Articles 1 (§ 33.2-900 et seq.), 2 (§ 33.2-908 et seq.), or this article shall affect the provisions of Chapter 20 (§ 15.2-2000 et seq.) of Title 15.2.
Code 1950, § 33-76.24; 1950, p. 737; 1970, c. 322, § 33.1-167; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-927. Abandonment of highway in area to be flooded in connection with municipal water supply projects

When a city or town that owns and operates a waterworks system that supplies the city or town and its inhabitants with water finds it necessary to increase its water supply such that it requires impounding the water of a stream outside the corporate limits of such city or town by means of a dam erected in such stream and the impounding of the water thereof would result in the overflow, or flooding, of a section or sections of a highway or highways within the secondary state highway system that necessitates the alteration and relocation of the highway or highways and the governing body of the city or town by ordinance declares (i) such necessity and (ii) that it is the intention of such city or town to comply with the requirements of this article, then the highway proposed to be flooded may be discontinued and abandoned but only after the city or town has complied with the provisions and requirements of this article.
Code 1950, § 33-82; 1970, c. 322, § 33.1-168; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-928. Procedure to secure abandonment of highways to be flooded in connection with municipal water supply projects

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.
Code 1950, § 33-83; 1970, c. 322, § 33.1-169; 2014, c. 805; 2021, Sp. Sess. I, c. 489.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-929. Plans for relocation of highways in connection with municipal water supply projects

If there is a final approval of the abandonment of the highway by the governing body of the county or by the court, the city or town shall, solely at its own expense, submit to the Commissioner of Highways plans and specifications for a proposed relocation of the highway, containing such information and facts as a location, elevations, and other matters the Commissioner of Highways may require. The Commissioner of Highways shall have the power to change, alter, and amend the plans in order to conform to the views of the Commissioner of Highways as to the location, width, and type of construction of such highway to be built on the new location, provided that the new highway is located such that it will not be flooded by the water to be impounded, and provided further that the Commissioner of Highways may not require a more expensive type or character of highway than the one to be abandoned. The Commissioner of Highways shall approve such plans and specifications either as proposed by the city or town or as amended by the Commissioner of Highways.
Code 1950, § 33-84; 1970, c. 322, § 33.1-170; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-930. Acquisition of lands for relocation

Upon the approval of plans and specifications by the Commissioner of Highways, the city or town shall, solely at its own expense and in the name of the Commonwealth, acquire either by purchase or condemnation the right-of-way necessary to construct the highway on the new location as shown by the plans approved by the Commissioner of Highways. In the event of condemnation, the proceedings shall be instituted in the name of the city or town and shall conform to the proceedings that would be applicable if they had been instituted by the Commissioner of Highways. However, when the award has been paid, the title to the lands acquired in the proceedings shall vest in the Commonwealth in the same manner as if the Commissioner of Highways had instituted and conducted the proceedings and had paid the award.
Code 1950, § 33-85; 1970, c. 322, § 33.1-171; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-931. Costs of relocation

The city or town shall pay out of its own funds all costs incident to all surveys, plans, specifications, blueprints, or other matters relating to the relocation of the highway and the entire cost of acquiring, by purchase or by condemnation, the right-of-way.
Code 1950, § 33-86; 1970, c. 322, § 33.1-172; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-932. Construction of relocated highway

Upon the acquisition of a right-of-way as provided in this article, the city or town shall grade such right-of-way and construct the highway required, in accordance with the plans and specifications approved by the Commissioner of Highways.
Code 1950, § 33-87; 1970, c. 322, § 33.1-173; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-933. Approval or disapproval of construction

When a highway is completed, the city or town shall notify the Commissioner of Highways, who shall promptly cause an inspection to be made by the Department. If the Department approves the highway construction, the Commissioner of Highways shall notify the city or town in writing of such fact. If the Department disapproves the highway construction, it shall notify the city or town, specifying the Department's objections and recommendations for remedying or removing them, and the city or town shall promptly carry out such recommendations.
Code 1950, § 33-88; 1970, c. 322, § 33.1-174; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 9 - Abandonment and Discontinuance of Highways and Roads › § 33.2-934. New highway part of secondary state highway system; former highway to vest in city or town

When the city or town has been notified by the Commissioner of Highways of final approval of the construction of the highway, such highway shall immediately become a part of the secondary state highway system, and the public shall be vested with the same rights of travel on such highway as it possesses with respect to the other highways in the system. The part of the highway that it is proposed to flood shall be deemed to be abandoned, and all public rights therein shall vest in the city or town.
Code 1950, § 33-89; 1970, c. 322, § 33.1-175; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1000. Definitions

As used in this article, unless the context requires a different meaning:
"Certificate" means an instrument that, when recorded in the office of the clerk of the circuit court wherein condemnation proceedings are pending or are to be instituted by the Commissioner of Highways, terminates the interest or estate of the owner of the property described therein and vests defeasible title to such property or interest or estate of the owner in the Commonwealth. "Certificate" includes a certificate of deposit and a certificate of take.
"Certificate of deposit" means a certificate issued by the Commissioner of Highways and countersigned by the State Treasurer, stating that any sum or sums designated therein shall be paid pursuant to the order of the court, and filed by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted in lieu of the payment of funds into court, as provided in subdivision A 2 of § 33.2-1019.
"Certificate of take" means a certificate recorded by the Commissioner of Highways with the court wherein condemnation proceedings are pending or are to be instituted, in connection with which the Commissioner of Highways has deposited funds with the court as provided in subdivision A 1 of § 33.2-1019.
"Owner" means any person owning land, buildings, structures, or improvements upon land where such ownership is of record in the land records of the clerk's office of the circuit court of the city or county where the property is located. "Owner" does not include trustees or beneficiaries under a deed of trust, any person with a security interest in the property, or any person with a judgment or lien against the property. In proceedings instituted by the Commissioner of Highways under Title 25.1 or this title, "owner" includes persons owning structures or improvements for which an outdoor advertising permit has been issued by the Commissioner of Highways pursuant to § 33.2-1208. This definition of owner shall not alter in any way the valuation of such land, buildings, structures, or improvements under existing law.
"Public highway" means a highway, road, or street. When applicable, "public highway" includes a bridge, ferry, causeway, landing, or wharf.
2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1002. Limitation on power of eminent domain

No property that is within an agricultural and forestal district as provided by the Agricultural and Forestal Districts Act (§ 15.2-4300 et seq.) shall be condemned by the Commissioner of Highways except in accordance with § 15.2-4313.
1977, c. 681, § 33.1-89.1; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1003. Additional power to acquire lands

The Commissioner of Highways may use the powers granted in this title to acquire needed property interests for purposes set out in Article 5 (§ 33.2-281 et seq.) of Chapter 2.
1992, c. 167, § 33.1-89.2; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1004. Plans for acquisition of rights-of-way

Subject to compliance with applicable federal regulations, the Commissioner of Highways shall establish a plan for identification and acquisition of rights-of-way that may be needed within the corridors designated on the Statewide Transportation Plan.
2013, cc. 585, 646, § 33.1-89.3; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1006. Reconveyance where property deemed suitable for mass transit purposes

If any real property that, under the provisions of § 33.2-1005, is or may become eligible for reconveyance is deemed suitable for the mass transit purposes of a public agency, authority, instrumentality, or public service corporation or company, and such entity has submitted tentative plans to the Commissioner of Highways for a mass transit facility utilizing such real property, or portions thereof, and, prior to the eligibility of that real property for reconveyance under this article, the Commissioner of Highways has approved the use of such real property for mass transit purposes, such real estate shall not be eligible for reconveyance under those sections. Upon the formulation of final plans for the facility, the Commissioner of Highways is authorized to enter into an agreement with any such entity for the conveyance of the property to such entity. Any property or portions thereof not necessary for the mass transit facility shall become eligible for reconveyance under the provisions of § 33.2-1005 upon a determination of the final plans for the facility. Such agreement shall provide for the payment to the Commonwealth of an amount equal to that expended by the Commonwealth in the acquisition of such real property, including proportionate administrative costs and costs under the federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. Upon payment of the agreed consideration, the Commissioner of Highways shall convey the specified property to the facility. However, if construction of such planned facilities is not commenced within 10 years from the date of the agreement between the transit agency and the Commissioner of Highways, the persons who would otherwise have been authorized to petition for reconveyance under § 33.2-1005 or their heirs or assigns may seek reconveyance under the same procedures and on the same basis as established in § 33.2-1005.
This section shall not compel the Commissioner of Highways to convey any such property to such entities in contravention of any federal law or regulation affecting the disposition of real property acquired for highway purposes when such property is no longer needed for such purposes when such property has been acquired with federal funding participation.
1976, c. 724, § 33.1-90.2; 1992, c. 108; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1007. Authority to acquire entire tract of land, or parcel thereof, when only part to be utilized for highway purposes

In acquiring rights-of-way for highway construction, reconstruction, or improvement, and lands incidental to such construction, reconstruction, or improvement, the Commissioner of Highways is authorized and empowered, whenever a portion of a tract of land is to be utilized for right-of-way or a purpose incidental to the construction, reconstruction, or improvement of a public highway, to acquire by purchase, gift, or the exercise of the power of eminent domain the entire tract of land or any part thereof whenever (i) the remainder of such tract or part thereof can no longer be utilized for the purpose for which the entire tract is then being utilized; (ii) a portion of a building is to be taken; (iii) the cost of removal or relocation of the buildings or other improvements on the remaining portion necessitated by the taking would exceed the cost of destroying such buildings or other improvements; (iv) the highway project will leave the remaining portions without a means of access to a public highway; or (v) in the judgment of the Commissioner of Highways the resulting damages to the remainder of such tract or part thereof lying outside the proposed right-of-way, or the area being acquired for a purpose incidental to the construction, reconstruction, or improvement of a public highway, will approximate or equal the fair market value of such remaining lands. However, the Commissioner of Highways shall not acquire the remainder of such tracts by purchase where the remaining portion is in excess of 10 acres or by condemnation where the remaining portion is in excess of two acres. Nothing contained in this section shall be construed as preventing the Commissioner of Highways from complying, where applicable, with the provisions of § 25.1-417.
Code 1950, § 33-117.2; 1960, c. 546; 1964, c. 262; 1970, c. 322, § 33.1-91; 1973, c. 166; 2003, c. 940; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1008. Authority to acquire land to replace parkland; applicability

For the purposes of this section, "parkland" only includes parks and recreational areas under the jurisdiction of state agencies or local governing bodies. Notwithstanding any contrary provision of this title, the Commissioner of Highways may acquire by gift or purchase any property without a permanent residential structure, or an interest in property, needed to replace parkland that is acquired for the improvement, maintenance, construction, or reconstruction of highways. Land acquired to replace parkland shall be abutting or appurtenant to the property of rights-of-way acquired for the improvement, maintenance, construction, or reconstruction of highways. Before exercising the authority granted by this section, the Commissioner of Highways shall notify the local governing body or state agency having jurisdiction over the parkland and shall obtain the concurrence of the local governing body or state agency that replacement parklands should be acquired and conveyed to the local governing body or state agency in exchange for the parkland needed for the improvement, maintenance, construction, or reconstruction of the highway.
The provisions of this section shall apply only in Albemarle County and the City of Charlottesville.
2000, c. 310, § 33.1-91.1; 2014, c. 805.
2023 Code of Virginia › Title 33.2 - Highways and Other Surface Transportation Systems › Chapter 10 - Eminent Domain › § 33.2-1009. Acquisition of residue parcels declared to be in public interest

The acquisition of such residue parcels in addition to the lands necessary for the immediate use for highway rights-of-way or purposes incidental to the construction, reconstruction, or improvement of public highways is hereby declared to be in the public interest and constitutes a public use as the term public uses is used in Article I, Section 11 of the Constitution of Virginia.
Code 1950, § 33-117.3; 1960, c. 546; 1964, c. 262; 1970, c. 322, § 33.1-92; 1971, Ex. Sess., c. 1; 2014, c. 805.