CHAPTER 106

An Act to amend and reenact § 33-76.11 of the Code of Virginia concern-
ing the conveying of sections of roads or other property no longer
necessary for highway purposes.

[S. B. 148]

Approved February 22, 1956

Be it enacted by the General Assembly of Virginia:

i aoe § 33-76.11 of the Code of Virginia be amended and reenacted as
ollows:

§ 33-76.11. Conveying * sections of * roads or other property no
longer necessary.—Whenever a secondary road has been abandoned in ac-
cordance with the provisions of §§ 33-76.8 or 33-76.9 or in accordance with
§ 33-76.12, and its use is no longer deemed necessary by the Commissioner,
the Commissioner shall so certify, in writing, to the State Highway Com-
mission, and governing body of the county in which such road is located,
such facts, and the governing body or the Commission shall thereupon be
authorized to execute, in the name of the Commonwealth or the county, as
the case may be, a deed or deeds conveying such sections, either for a con-
sideration or in exchange for other lands that may be necessary for the
uses of the secondary system. But before any such deed either for the sale
or exchange of land is executed conveying any section of a road upon or
along which any person or persons reside, notice shall be given by the Com-
missioner or the governing body of the county, as the case may be, and to
the owner or owners of the land upon which such person or persons reside
of the intention to convey the section of road and if, after a reasonable
notice of such intention, any such landowner so requests a hearing shall be
ordered by the Commissioner or governing body, as the case may be, as now
provided by law. If, upon such hearing, it is made to appear that such sec-
tion of road should be kept open for the reasonable convenience of such
landowner, or the public, then such section of road shall not be conveyed.

Any such conveyance by the Commissioner shall have the approval of
the Commission by resolution recorded in the minutes of a meeting of the
Commission. Any such conveyance by the governing body of a county shall
not be subject to § 15-692.

When real estate heretofore or hereafter acquired by the Common-
wealth incidental to the construction, reconstruction, alteration, mainte-

mance and repair of the secondary system of State highways which does not
constitute a section of the public road, is deemed by the Commissioner no
Longer necessary for the uses of the secondary system of State highways,
the Commissioner shall so certify, in writing, to the Commission such facts,
and it may authorize the Commissioner to execute, in the name of the Com-
monwealth, a deed or deeds conveying such real estate, interest therein or
any portion thereof, either for a consideration or in exchange for other
lands that may be necessary for the uses of the secondary system of State
highways.

Any such conveyance shall have the approval of the Commission by
resolution recorded in the minutes of a meeting of the Commission.