Code of Virginia - Title 33.1 Highways, Bridges And Ferries - Section 33.1-169 Procedure to secure such abandonment

§ 33.1-169. Procedure to secure such abandonment

Such city or town shall certify to the board of supervisors or other governing body of the county in which the road or the greater part thereof lies a copy of the ordinance adopted by its council as aforesaid, and the board of supervisors or other governing body, upon receipt of the same, shall within thirty days consider the question of the reasonableness of the action contemplated by the city ordinance and shall propose and publish as required by law an ordinance approving or disapproving the action contemplated by the city or town and shall conduct a hearing thereon. In the event that, after such hearing, the board of supervisors or other governing body disapproves the proposed flooding, discontinuance and abandonment of the road, the city or town shall have, as of right, 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, or the judge thereof in vacation, and judgment shall be rendered according to its decision. From the judgment a writ of error will lie, in the discretion of the Supreme Court of Virginia, as in other cases at law.

(Code 1950, § 33-83; 1970, c. 322.)

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Last modified: April 3, 2009