§ 33.1-162. Appeal to circuit court
Any one or more of the petitioners or the governing body, within thirty days from the entry of the action of the governing body on the proposal but not afterwards, may appeal from the action of the governing body to the circuit court of the county. Where the governing body fails to enter an order pursuant to § 33.1-161, such person or persons named in this section shall within thirty days from such nonentry, but not afterwards, have a right of appeal to the appropriate circuit court. Such appeals shall be by petition filed 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 be by any of the landowners who filed a petition with the governing body for a public hearing, shall have notice of such appeal served upon the attorney for the Commonwealth and the governing body. No such appeal shall be tried by the court within ten days after notice is given, as hereinabove provided, unless such notice be waived. The circuit court shall hear the matter de novo with further right of appeal as provided by the general 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 crossing as a public road or crossing, or whether the welfare of the public will be served best by abandoning the section of the road or the crossing as a public road or crossing and shall enter its order accordingly.
Upon any such appeal, if it shall appear to the court that by the abandonment of such section of road or such crossing as a public road or crossing any party to such appeal would be deprived of access to a public road, the court may cause the railway 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 to it just and proper for keeping open such section of road or such crossing for the benefit of such party or parties as would by such abandonment be deprived of access to a public road.
(Code 1950, § 33-76.19; 1950, p. 735; 1970, c. 322; 1978, c. 187.)
Sections: Previous 33.1-155 33.1-156 33.1-157 33.1-158 33.1-159 33.1-160 33.1-161 33.1-162 33.1-163 33.1-163.1 33.1-164 33.1-165 33.1-166 33.1-166.1 33.1-167 NextLast modified: April 16, 2009