Chap. 315.—An ACT to amend and re-enact Section 9 of an act entitled “s\n
act to provide a general road law applicable in all the counties of the Com-
monwealth; to provide for the location, construction, maintenance, control,
jurisdiction, and supervision over all the public roads in the Commonwealth
other than roads in the State highway system; to provide for the county
and district road funds and the disbursement thereof and accounting there-
for; to authorize the employment by the several counties of a county road
engineer or a county manager, to provide for free advice and aid from the
State Highway Commission; to authorize elections in the several counties
to determine as to the employment of a county road engineer or county man-
ager; to repeal Sections 1976, 1977, 1978, 1979, 1980, 1981, 1982, 1983, 1984,
1985, 1986, 1987, 1988, 1989, 1990, 1991, 1992, 1993, 1994, 1995, 1996,
1997, 1998, 1999, 2000, 2001, 2003, 2004, 2005, 2006, 2007, 2008, 2009,
2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, 2022,
2023, 2024, 2025, 2026, 2027, 2028, 2029, 2030, 2031, 2032, 2033, 2034, 2035,
2036, 2037, 2038, and 2039, of the Code of Virginia; to repeal all special
road laws applicable in any of the counties of the State; to repeal all acts
or parts of acts, general or special, so far as inconsistent with this act’,
approved March 10, 1928, the said section relating to the alteration or
discontinuance of county roads or landings. [H B 389]

Approved March 29, 1938

1. Be it enacted by the General Assembly of Virginia, That section
nine of an act entitled an act to provide a general road law applicable
in all the counties of the Commonwealth; to provide for the location,
construction, maintenance, control, jurisdiction, and supervision over
all the public roads in the Commonwealth other than roads in the
State highway system; to provide for the county and district road
funds and the disbursement thereof and accounting therefor ; to author-
ize the employment by the several counties of a county road engineer
or a county manager ; to provide for free advice and aid from the State
Highway Commission; to authorize elections in the several counties
to determine as to the employment of a county road engineer or county
manager ; to repeal sections nineteen hundred and seventy-six, nineteen
hundred and seventy-seven; nineteen hundred and seventy-eight, nine-
teen hundred and seventy-nine, nineteen hundred and eighty, nineteen
hundred and eighty-one, nineteen hundred and eighty-two, nineteen
hundred and eighty-three, nineteen hundred and eighty-four, nineteen
hundred and eighty-five, nineteen hundred and eighty-six, nineteen
hundred and eighty-seven, nineteen hundred and eighty-eight, nineteen
hundred and eighty-nine, nineteen hundred and ninety, nineteen hundred
and ninety-one, nineteen hundred and ninety-two, nineteen hundred
and ninety-three, nineteen hundred and ninety-four, nineteen hundrec
and ninety-five, nineteen hundred and ninety-six, nineteen hundred anc
ninety-seven, nineteen hundred and ninety-eight, nineteen hundred anc
ninety-nine, two thousand, two thousand and one, two thousand anc
three, two thousand and four, two thousand and five, two thousand anc
six, two thousand and seven, two thousand and eight, two thousanc
and nine, two thousand and ten, two thousand and eleven, two thousanc
and twelve, two thousand and thirteen, two thousand and fourteen
two thousand and fifteen, two thousand and sixteen, two thousand anc
seventeen, two thousand and eighteen, two thousand and nineteen, tw
thousand and twenty, two thousand and twenty-one, two thousand anc
twenty-two, two thousand and twenty-three, two thousand and twenty
four, two thousand and twenty-five, two thousand and twenty-six, twc
thousand and twenty-seven, two thousand and twenty-eight, two thous.
and and twenty-nine, two thousand and thirty, two thousand and thirty:
one, two thousand and thirty-two, two thousand and thirty-three, twc
thousand and thirty-four, two thousand and thirty-five, two thousanc
and thirty-six, two thousand and thirty-seven, two thousand and thirty-
eight, and two thousand and thirty-nine, of the Code of Virginia; tc
repeal all special road laws applicable in any of the counties of the
State; to repeal all acts or parts of acts, general or special, so far as
inconsistent with this act, approved March tenth, nineteen hundred and
twenty-eight, be amended and re-enacted so as to read as follows:

Section 9. When any road is altered, it shall be discontinued to
the extent of such alteration and no further. Any person may apply
to have a county road or landing discontinued, after posting notice
of the intended application at the front door of the courthouse of
the county, and at two public places in the neighborhood. After said
notice has been published for at least twenty days, the board of super-
visors, at their next meeting, shall appoint not less than three nor
more than five viewers to view such road or landing, and report in
writing whether, in their opinion any, and if any, what inconvenience
would result from discontinuing the same. Upon the said report
and other evidence, if any, and after the land proprietors along the road
proposed to be discontinued have been notified, the board of super-
visors may discontinue such road or landing, taking care in every case
of an established post road not to discontinue the same until another
has been substituted.

If such applicant, or any other person, interested in having said
road or landing discontinued, is dissatisfied with the decision of the
board of supervisors in respect to the discontinuing or refusing to
discontinue said road or landing, he may of right, within ten days
[rom the date of such decision, but not afterwards, appeal to the circuit
court of said county and the said court shall hear the matter de novo,
with the further right of appeal, as provided by general law. Upon
he hearing of said appeal, the court shall ascertain and, by its order,
letermine whether said road or landing shall be discontinued, and
hall certify the same to the board of supervisors, who shall proceed
0 carry out the judgment of the court. _

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