§ 2.5. Abandonment of road.

The governing body of the county on its own motion may cause any section of the secondary system of highways deemed by it to be no longer necessary for the uses of the secondary system of highways to be abandoned altogether as a public road by complying substantially with the procedure provided for in § 33.2-909 of the Code of Virginia including notice of intention to abandon any such road by publication in two (2) or more issues of some newspaper having general circulation in the county. Such notice shall specify the time and place of the hearing at which persons affected may appear and present their view, which shall not be less than six (6) days nor more than twenty-one (21) days after the second newspaper advertisement.

A finding by the governing body, after a public hearing, that a section of the secondary system of highways is no longer necessary for the uses of the secondary system may be made if the following conditions exist:

1.

The road is located within a residence district as the latter is defined in § 46.2-100 of the Code of Virginia;

2.

Continued operation of the section of road in question constitutes a threat to the public safety and welfare; and

3.

Alternate routes for use after abandonment of the road are readily available. Any order of abandonment issued in compliance with this section shall give rise in subsequent proceedings, if any, to a presumption of adequate justification for the abandonment.

Appeals from any order of abandonment may be made as provided for in § 33.2-910 et seq. of the Code of Virginia.

(Acts 1991, ch. 398, § 1; Amd. of 12-14-16(1))

(Acts 1991, ch. 398, § 1; Amd. of 12-14-16(1))