§ 33.1-149. Conveying sections of roads or other property no longer necessary
Whenever a road or a portion thereof has been abandoned in accordance with the provisions of § 33.1-145 or § 33.1-148 of this article and is deemed by the Commissioner no longer necessary for the uses of the State Highway System, the Commissioner shall so certify in writing to the Commonwealth Transportation Board such facts, and it may authorize the Commissioner to execute, in the name of the Commonwealth, a deed or deeds conveying such section or sections of road, either for a consideration or in exchange for other lands that may be necessary for the uses of the State Highway System. But before any such deed either for the sale or exchange of land is executed conveying any section of a highway upon or along which any person or persons reside, notice shall be given by the Commissioner to the governing body of the county and town and to the owner or owners of the land upon which such person or persons reside of the intention to convey the section of road and if, after a reasonable notice of such intention, any such landowner or governing body so requests, a hearing shall be ordered by the Commissioner as now provided by law. If, upon such hearing, it is made to appear that such section of road should be left open for the reasonable convenience of such landowner or the public, then such section of road shall not be conveyed. But no hearing shall be held if such road was abandoned under § 33.1-145.
When real estate acquired incidental to the construction, reconstruction, alteration, maintenance and repair of the State Highway System which does not constitute a section of the public road, is deemed by the Commissioner no longer necessary for the uses of the State Highway System, the Commissioner shall so certify in writing, to the Commonwealth Transportation Board such facts, and it may authorize the Commissioner to execute, in the name of the Commonwealth, a deed or deeds conveying such real estate, interest therein, or any portion thereof, either for a consideration or in exchange for other lands that may be necessary for the uses of the State Highway System.
Upon petition of a local governing body, the Commonwealth Transportation Board may transfer real estate acquired incidental to the construction, reconstruction, alteration, maintenance, or repair of the State Highway System which constitutes a section of public road, to the local governing body, and upon such transfer, such section of road shall cease being a part of the State Highway System.
Any such conveyance shall have the approval of the Board by resolution recorded in the minutes of a meeting of the Board.
(Code 1950, § 33-76.6; 1950, p. 730; 1954, c. 88; 1970, c. 322; 2002, c. 445.)
Sections: Previous 33.1-143 33.1-144 33.1-145 33.1-145.1 33.1-146 33.1-147 33.1-148 33.1-149 33.1-150 33.1-151 33.1-152 33.1-152.1 33.1-153 33.1-154 33.1-155 NextLast modified: April 16, 2009