33.1-149 - Conveying sections of roads or other property no longer necessary.
§ 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 withthe provisions of § 33.1-145 or § 33.1-148 of this article and is deemed bythe Commissioner no longer necessary for the uses of the State HighwaySystem, the Commissioner shall so certify in writing to the CommonwealthTransportation Board such facts, and it may authorize the Commissioner toexecute, in the name of the Commonwealth, a deed or deeds conveying suchsection or sections of road, either for a consideration or in exchange forother 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 executedconveying any section of a highway upon or along which any person or personsreside, notice shall be given by the Commissioner to the governing body ofthe county and town and to the owner or owners of the land upon which suchperson or persons reside of the intention to convey the section of road andif, after a reasonable notice of such intention, any such landowner orgoverning body so requests, a hearing shall be ordered by the Commissioner asnow provided by law. If, upon such hearing, it is made to appear that suchsection of road should be left open for the reasonable convenience of suchlandowner or the public, then such section of road shall not be conveyed. Butno 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 notconstitute a section of the public road, is deemed by the Commissioner nolonger necessary for the uses of the State Highway System, the Commissionershall so certify in writing, to the Commonwealth Transportation Board suchfacts, and it may authorize the Commissioner to execute, in the name of theCommonwealth, a deed or deeds conveying such real estate, interest therein,or any portion thereof, either for a consideration or in exchange for otherlands that may be necessary for the uses of the State Highway System.
Upon petition of a local governing body, the Commonwealth TransportationBoard may transfer real estate acquired incidental to the construction,reconstruction, alteration, maintenance, or repair of the State HighwaySystem which constitutes a section of public road, to the local governingbody, and upon such transfer, such section of road shall cease being a partof the State Highway System.
Any such conveyance shall have the approval of the Board by resolutionrecorded 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.)