33.1-161 - Action of governing body.

§ 33.1-161. Action of governing body.

If a petition be not filed as aforesaid for a public hearing, or if after apublic hearing is held, the governing body is satisfied that no publicnecessity exists for the continuance of the section of road as a public road,or the crossing as a public crossing, or that the welfare of the public wouldbe served best by abandoning the section of road or the crossing, as a publicroad or crossing, it shall enter (i) within four months next after the thirtydays during which notice was posted where no petition for a public hearingwas filed, or (ii) within four months next after the public hearing an orderon its minutes abandoning the section of road as a public road or thecrossing as a public crossing, and thereupon the section of road shall ceaseto be a public road or if the governing body be not so satisfied it shallenter within the specified four months an order dismissing the application.

(Code 1950, § 33-76.18; 1950, p. 735; 1970, c. 322; 1978, c. 187.)