33.1-144 - Discontinuance of road or railway crossing as part of State Highway System.
§ 33.1-144. Discontinuance of road or railway crossing as part of StateHighway System.
In any case in which a section of a road is deemed by the Commissioner nolonger necessary for the uses of the State Highway System or when inheretofore or hereafter laying out, constructing or maintaining sections ofroads in the State Highway System, a part of a road has been or isstraightened or the location of a part thereof altered and a section of theroad is deemed by the Commissioner no longer necessary for the uses of theState Highway System, or an existing crossing by such road of the lines of arailway company, or a crossing by the lines of a railway company of such roadis deemed by the Commissioner no longer necessary as a part of the StateHighway System, the Commissioner by and with the approval of the CommonwealthTransportation Board, may discontinue as a part of the State Highway Systemthe section of the road no longer deemed necessary for the uses of the StateHighway System, or such crossing by the road of the lines of a railwaycompany, or crossing by the lines of the railway company of the road, as thecase may be, but discontinuance under this section shall not operate as anabandonment of such road as a public road unless the procedure thereonconforms to § 33.1-145.
The opening of the new section of road by the Commissioner and the entry bythe Commonwealth Transportation Board upon its minutes of the discontinuanceof the section of the road or the railroad crossing, as the case may be, andits approval thereof, shall be sufficient to constitute such discontinuance.
(Code 1950, § 33-76.1; 1950, p. 727; 1970, c. 322.)