Chap. 74.—An:ACT to amend and re-enact Section 2 of an act entitled “An
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 therefor ;
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 deter-
mine as to the employment of a county road engineer or county manager ;
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,
so as to prescribe the minimum width of the right of way of certain county
roads. — an _ [S B 18]

Approved March 8, 1938

1. Be it enacted by the General Assembly of Virginia, That section
two of an act entitled “An act to provide a general road law applicable
‘n 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 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
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 hundred
and ninety-five, nineteen hundred and ninety-six, nineteen hundred and
ninety-seven, nineteen hundred and ninety-eight, nineteen hundred and
ninety-nine, two thousand, two thousand and one, two thousand and
three, two thousand and four, two thousand and five, two thousand and
six, two thousand and seven, two thousand and eight, two thousand
and nine, two thousand and ten, two thousand and eleven, two thousand
and twelve, two thousand and thirteen, two thousand and fourteen, two
thousand and fifteen, two thousand and sixteen, two thousand and seven-
teen, two thousand and eighteen, two thousand and nineteen, two thous-
and and twenty, two thousand and twenty-one, two thousand and
twenty-two, two thousand and twenty-three, two thousand and twenty-
four, two thousand and twenty-five, two thousand and twenty-six, two
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, two
thousand and thirty-four, two thousand and thirty-five, two thousand
and thirty-six, two thousand and thirty-seven, two thousand and thirty-
eight, and two thousand and thirty-nine, 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 tenth, nineteen hundred
and twenty-eight, be amended and re-enacted so as to read as follows:

Section 2. How County Roads, Bridges and Routes are Estab-
lished; By Whom Made; Width and Grade of Roads; Employment
of Engineer.—Whenever the board of supervisors shall be of opinion
that it 1s necessary to establish or alter the location of a public road,
landing, or bridge, or any other person applies to the said board there-
for, it may appoint five viewers, who shall be resident freeholders of
the county, and three of whom may act, to examine such roads or
routes and report upon the expediency of establishing or altering the
location of such public road, landing or bridge, or, in lieu of such
viewers, it may direct the county road engineer or county manager, if
any, to examine such road or route and make such report, and such
board may establish or alter such road, landing or bridge, upon such
location and of such width and grade as it may prescribe; but the right
of way for any public road shall not be less than thirty feet wide; pro-
vided, that in any case where the cost of constructing and maintaining
any such road is to be borne by any individual or individuals the right
of way for such road shall be of such width, not less than fifteen feet,
as the board may prescribe; and the grade of no road hereafter located
shall exceed four degrees at any point, unless the board of supervisors
order a greater width or different grade. If no one of the viewers be
an engineer, appointed for the purpose of making survey and map,
the said board of supervisors may employ one, if necessary, to assist
said viewers.