§ 33.2-928 — Procedure to secure abandonment of highways to be flooded in connection with municipal water supply projects

Virginia § 33.2-928

• Jurisdiction: Virginia
• Title 33.2: Highways and Other Surface Transportation Systems
• Subtitle II: Modes of Transportation: Highways, Bridges, Ferries, Rail, and Public Transportation
• Ch. 9: Abandonment and Discontinuance of Highways and Roads
• Art. 4: Abandonment of Highways for Flooding Secondary Highways in Connection with Municipal Water Supply Projects

Text

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.

Legislative History

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