Chap. 150.—An ACT to authorize and regulate the recordation of plats sub-
dividing tracts of land situated within the corporate limits of any city con-
taining more than one hundred thousand inhabitants according to the last
preceding United States census, or within ten miles of the corporate limits
of any such city, into three or more parts for the purpose of laying out any
town, or city, or any addition thereto, or any part thereof or suburban lots,
and to declare the effect of such recordation; and to repeal an act entitled
an act to prohibit the recordation of plats for the subdivision of land into
lots showing on said plats, streets and alleys, within or within fifteen
miles from, the limits of any city having a population of not less than
sixty thousand nor more than one hundred and ten thousand inhabitants,
except in conformity with the plan provided by such city, approved March
27, 1918. fH B 121]

Approved March 10, 1922.

1. Be it enacted by the general assembly of Virginia, That every
owner or proprietor of any tract of land situated within the corporate
limits of any city containing more than one hundred thousand in-
habitants, according to the last preceding United States census, or
within fifteen miles: of the corporate limits or any such city, who
may hereafter subdivide the same into three or more parts for the
purpose of laying out any town or city, or any addition thereto, or
any part thereof or suburban lots, may cause a plat of such sub-
division with reference to known or permanent monuments to be
made, which shall accurately describe all the subdivisions of such
tracts or parcels of land, and giving the dimensions and length and
breadth thereof and the breadth and courses of all the streets and
alleys established therein. Descriptions of lots or parcels of lands in
such subdivisions, according to the number and designation thereof
on said plat, contained in conveyances or for the purpose of taxation
and copies of such plats or extracts therefrom, properly attested by
the clerk in whose office said plats are recorded, shall have the same
force and effect as evidence that copies of deeds may have, and shall
be deemed good and valid for all intents and purposes.

2. Every such plat shall contain a statement to the effect that the
above or foregoing subdivision of (here insert a correct description
of the land or parcel subdivided) as appears in this plat is with the
free consent and in accordance with the desire of the undersigned
owners and proprietors, which shall be signed by the owners and
proprietors, and shall be duly acknowledged before some officer au-
thorized to take acknowledgments of deeds, and when thus executed
and acknowledged said plat, subject to the provisions contained in
section four of this act, shall be filed for record and be recorded in the
office of the clerk of the proper court of the county or city.

3. The recordation of such plat shall operate to transfer, in fee
simple, to the Commonwealth of Virginia such portion of the prem-
ises platted as is on such plat set apart for streets or other public
use and to create a public right of passage over the same; but nothing
herein contained shall prevent the persons who set apart such land
for streets and alleys, their heirs and assigns, where otherwise they
have the right and power to erect, put down, and maintain a gas,
water and electric works, pipes, wires and fixtures, from erecting,
putting down and maintaining the same along or under the portions
so set apart. They shall not, however, obstruct or hinder the passage
over such streets or alleys further than is reasonably necessary while
laying down, erecting, or repairing such works, pipes, wires and
fixtures.

4. No such plat, however, shall be recorded by the clerk of any
court of this Commonwealth, until the dimensions and location of any
such streets, alleys, or lots, as indicated on said plat, shall be ap-
proved by the city engineer of said city, if the land be situated en-
tirely within said city, or if said land or part thereof be in a county,
by the city engineer of the city adjoining and by the board of super-
visors or the engineer of roads of the county (or if there be no
engineer of roads of such county, by the county surveyor of such
county), or if said city engineer and the board of supervisors or road
engineer, or county surveyor, as the case may be, fail to agree or to
act within the hereinafter mentioned time after application thereto
by the party interested, by the judge of the circuit court of the
county wherein said land or part thereof lies; provided, however,
that this section shall apply only after such city shall place on file
accessible to the public in the city engineer’s office, a map covering
the location in question, officially approved by said city, showing in
general a comprehensive plan for the future development and laying
out of its main proposed thoroughfare, or thoroughfares, which plan
may be subject to reservations, conditions and exceptions as in the
judgment of the city is wise, including the right to make such reason-
able and suitable modifications thereof as may be needful in the judg-
ment of the said city.

Any persons desiring to have a subdivision plat certified, as here-
in provided, where the platted property lines wholly or partly within
a county, shall apply therefor and file a copy thereof with the officers
aforesaid who are to act hereunder; and if the same be not acted
upon as herein provided, either favorably or unfavorably, within
thirty days after the same is filed then the judge of the court afore-
said, upon not less than ten days’ previous notice to said city by the
applicant, shall have jurisdiction of such application and dispose there-
of, in his discretion, in accordance herewith; and on a hearing thereof,
the judge shall enter an order of record either approving or disap-
proving such plan as being either in conformity with or not in con-
formity with said plan of said city, which order shall state the facts
and be a matter of permanent record of said court. And upon an
order of approval so entered the clerk shall record the plat. Should
the officers in the first instance disapprove the application, the ap-
plicant shall be entitled to an appeal to the said court, under such
reasonable rules in relation thereto as the court shall allow. If the
property in question lies wholly within the city, then the circuit
court of the city shall have jurisdiction in the same manner as is
herein provided for the said circuit court of said county or counties.
No plat subdividing any tract of land situated within the corporate
limits of any city containing more than thirty thousand inhabitants
cording to the last preceding United States census, or within ten
iles of any such city, into three or more parts for the purpose of
ying out any town or city, or any addition thereto, or any part
ereof or suburban lots, shall hereafter be recorded except in con-
rmity with the provisions of this act.

5. Any such plat may be vacated by the proprietors thereof, at
1y time before the sale of any lot therein, by a written instrument,
eclaring the same to be vacated, duly executed, acknowledged or
roved and recorded in the same office with the plat to be vacated,
nd the execution and recordation of such writing shall operate to
estroy the force and effect of the recording of the plat so vacated
nd to divest all public rights in, and to reinvest such proprietors with
he title to, the streets, alleys, commons, and public grounds laid out
yr described in such plat. In cases where lots have been sold, the
ylat or part’ thereof, may be vacated upon the application of all the
»wners of lots in said plat and with the approval of the city and
>ounty officers mentioned in section four of this act and the approval
>f said officers shall.be obtained as provided in said section four for
the approval and recordation of the original, and shall not be vacated
otherwise.

6. The clerk of the circuit court of the county or corporation
court of the city in whose office the plats aforesaid are recorded shall
write in plain legible letters across the plat so vacated the word
“vacated,” and also make a reference on the same to the volume and
page in which said instrument of vacation is recorded.

7. An act entitled an act to prohibit the recordation of plats for
the subdivision of land into lots showing on said plats, streets and
alleys, within or within fifteen miles from, the limits of any city
having a population of not less than sixty thousand nor more than
one hundred and ten thousand inhabitants, except in conformity with
the plan provided by such city, approved March twenty-seventh, nine-
teen hundred and eighteen, is hereby repealed.