§ 33.1-154. Conveying sections of roads, public landings, or other propertyno longer necessary.
Whenever a secondary road or public landing has been abandoned in accordancewith the provisions of § 33.1-151 or § 33.1-152 or in accordance with §33.1-155, and its use is no longer deemed necessary by the Commissioner, theCommissioner shall so certify, in writing, to the Commonwealth TransportationBoard, and governing body of the county in which such road or public landingis located, such facts, and the governing body or the Board shall thereuponbe authorized to execute, in the name of the Commonwealth or the county, asthe case may be, a deed or deeds conveying such sections, or public landingeither for a consideration or in exchange for other lands that may benecessary for the uses of the secondary system. But before any such deedeither for the sale or exchange of land is executed conveying any section ofa road or public landing upon or along which any person or persons reside,notice shall be given by the Commissioner or the governing body of thecounty, as the case may be, and to the owner or owners of the land upon whichsuch person or persons reside of the intention to convey the section of roador public landing and if, after a reasonable notice of such intention, anysuch landowner so requests a hearing shall be ordered by the Commissioner orgoverning body, as the case may be, as now provided by law. If, upon suchhearing, it is made to appear that such section of road or public landingshould be kept open for the reasonable convenience of such landowner, or thepublic, then such section of road or public landing shall not be conveyed.
Any such conveyance by the Commissioner shall have the approval of the Boardby resolution recorded in the minutes of a meeting of the Board. Any suchconveyance by the governing body of a county shall not be subject to §15.2-1800.
When real estate heretofore or hereafter acquired by the Commonwealthincidental to the construction, reconstruction, alteration, maintenance andrepair of the secondary system of state highways which does not constitute asection of the public road is deemed by the Commissioner no longer necessaryfor the uses of the secondary system of state highways, the Commissionershall so certify, in writing, to the Board such facts, and it may authorizethe Commissioner to execute, in the name of the Commonwealth, a deed or deedsconveying such real estate, interest therein or any portion thereof, eitherfor a consideration or in exchange for other lands that may be necessary forthe uses of the secondary system of state highways.
Upon petition of a local governing body, the Commonwealth TransportationBoard may transfer real estate acquired incidental to the construction,reconstruction, alteration, maintenance, or repair of the Secondary System ofState Highways which constitutes a section of public road, to the localgoverning body, and upon such transfer, such section of road shall ceasebeing a part of the Secondary System of State Highways.
Any such conveyance shall have the approval of the Board by resolutionrecorded in the minutes of a meeting of the Board.
(Code 1950, § 33-76.11; 1950, p. 733; 1956, c. 106; 1970, c. 322; 1981, c.323; 2002, c. 445.)
§ 33.1-154. Conveying sections of roads, public landings, or other propertyno longer necessary.
Whenever a secondary road or public landing has been abandoned in accordancewith the provisions of § 33.1-151 or § 33.1-152 or in accordance with §33.1-155, and its use is no longer deemed necessary by the Commissioner, theCommissioner shall so certify, in writing, to the Commonwealth TransportationBoard, and governing body of the county in which such road or public landingis located, such facts, and the governing body or the Board shall thereuponbe authorized to execute, in the name of the Commonwealth or the county, asthe case may be, a deed or deeds conveying such sections, or public landingeither for a consideration or in exchange for other lands that may benecessary for the uses of the secondary system. But before any such deedeither for the sale or exchange of land is executed conveying any section ofa road or public landing upon or along which any person or persons reside,notice shall be given by the Commissioner or the governing body of thecounty, as the case may be, and to the owner or owners of the land upon whichsuch person or persons reside of the intention to convey the section of roador public landing and if, after a reasonable notice of such intention, anysuch landowner so requests a hearing shall be ordered by the Commissioner orgoverning body, as the case may be, as now provided by law. If, upon suchhearing, it is made to appear that such section of road or public landingshould be kept open for the reasonable convenience of such landowner, or thepublic, then such section of road or public landing shall not be conveyed.
Any such conveyance by the Commissioner shall have the approval of the Boardby resolution recorded in the minutes of a meeting of the Board. Any suchconveyance by the governing body of a county shall not be subject to §15.2-1800.
When real estate heretofore or hereafter acquired by the Commonwealthincidental to the construction, reconstruction, alteration, maintenance andrepair of the secondary system of state highways which does not constitute asection of the public road is deemed by the Commissioner no longer necessaryfor the uses of the secondary system of state highways, the Commissionershall so certify, in writing, to the Board such facts, and it may authorizethe Commissioner to execute, in the name of the Commonwealth, a deed or deedsconveying such real estate, interest therein or any portion thereof, eitherfor a consideration or in exchange for other lands that may be necessary forthe uses of the secondary system of state highways.
Upon petition of a local governing body, the Commonwealth TransportationBoard may transfer real estate acquired incidental to the construction,reconstruction, alteration, maintenance, or repair of the Secondary System ofState Highways which constitutes a section of public road, to the localgoverning body, and upon such transfer, such section of road shall ceasebeing a part of the Secondary System of State Highways.
Any such conveyance shall have the approval of the Board by resolutionrecorded in the minutes of a meeting of the Board.
(Code 1950, § 33-76.11; 1950, p. 733; 1956, c. 106; 1970, c. 322; 1981, c.323; 2002, c. 445.)
§ 33.1-154. Conveying sections of roads, public landings, or other propertyno longer necessary.
Whenever a secondary road or public landing has been abandoned in accordancewith the provisions of § 33.1-151 or § 33.1-152 or in accordance with §33.1-155, and its use is no longer deemed necessary by the Commissioner, theCommissioner shall so certify, in writing, to the Commonwealth TransportationBoard, and governing body of the county in which such road or public landingis located, such facts, and the governing body or the Board shall thereuponbe authorized to execute, in the name of the Commonwealth or the county, asthe case may be, a deed or deeds conveying such sections, or public landingeither for a consideration or in exchange for other lands that may benecessary for the uses of the secondary system. But before any such deedeither for the sale or exchange of land is executed conveying any section ofa road or public landing upon or along which any person or persons reside,notice shall be given by the Commissioner or the governing body of thecounty, as the case may be, and to the owner or owners of the land upon whichsuch person or persons reside of the intention to convey the section of roador public landing and if, after a reasonable notice of such intention, anysuch landowner so requests a hearing shall be ordered by the Commissioner orgoverning body, as the case may be, as now provided by law. If, upon suchhearing, it is made to appear that such section of road or public landingshould be kept open for the reasonable convenience of such landowner, or thepublic, then such section of road or public landing shall not be conveyed.
Any such conveyance by the Commissioner shall have the approval of the Boardby resolution recorded in the minutes of a meeting of the Board. Any suchconveyance by the governing body of a county shall not be subject to §15.2-1800.
When real estate heretofore or hereafter acquired by the Commonwealthincidental to the construction, reconstruction, alteration, maintenance andrepair of the secondary system of state highways which does not constitute asection of the public road is deemed by the Commissioner no longer necessaryfor the uses of the secondary system of state highways, the Commissionershall so certify, in writing, to the Board such facts, and it may authorizethe Commissioner to execute, in the name of the Commonwealth, a deed or deedsconveying such real estate, interest therein or any portion thereof, eitherfor a consideration or in exchange for other lands that may be necessary forthe uses of the secondary system of state highways.
Upon petition of a local governing body, the Commonwealth TransportationBoard may transfer real estate acquired incidental to the construction,reconstruction, alteration, maintenance, or repair of the Secondary System ofState Highways which constitutes a section of public road, to the localgoverning body, and upon such transfer, such section of road shall ceasebeing a part of the Secondary System of State Highways.
Any such conveyance shall have the approval of the Board by resolutionrecorded in the minutes of a meeting of the Board.
(Code 1950, § 33-76.11; 1950, p. 733; 1956, c. 106; 1970, c. 322; 1981, c.323; 2002, c. 445.)
