CHAPTER 398

AN ACT to amend and reenact §§ 15-798, 15-808 and 15-814 of
the Code of 1950, relating to vacation of certain plats, so
as to provide that the methods of vacation therein provided
for shall not be exclusive.

[ H 591 ]

Approved April 5, 1950

Be it enacted by the General Assembly of Virginia:

1. That §§ 15-793, 15-803 and 15-814 of the Code of 1950 be
amended and reenacted as follows:

§ 15-7938. Vacation of plat—Any such plat recorded, or
part thereof, whether recorded under the provisions of this arti-
cle or otherwise, may be vacated with the consent of the govern-
ing body or its designated agent of the county or municipality
where the land lies, by the proprietors thereof, at any time be-
fore the sale of any lot therein, by a written instrument, declar-
ing the same to be vacated, duly executed, acknowledged or
proved and recorded in the same clerk’s office wherein the plat to
be vacated is recorded, and the execution and recordation of such
writing shall operate to destroy the force and effect of the re-
cording of the plat so vacated and to divest all public rights in,
and to reinvest such proprietors with the title to the streets,
alleys, easements, and public grounds laid out or described in
such plat. In cases where lots have been sold, the plat or part
thereof, whether recorded under the provisions of this article or
otherwise, may be vacated upon the application of all the owners
of lots in the plat and with the approval of the governing bodies
of any county or municipality, or both, where the plat has been
approved by both, and their approval shall be obtained as pro-
vided herein for the approval and recordation of the original * .

§ 15-808. Vacation of plat; effect of; when lots sold.—Any
such plat may be vacated by the proprietors thereof, at any time
before the sale of any lots therein, by a written instrument de-
claring the same to be vacated, duly executed, acknowledged or
proved and recorded in the same office with the plat to be va-
cated. The execution and recordation of such writing shall oper-
ate to destroy the force and effect of the recording of the plat so
vacated and to divest all public rights in, and to reinvest such
proprietors with, the title to the streets, alleys, commons and
public grounds laid out or described in such plat. In cases where
lots have been sold, the plat or any part thereof, may be vacated
upon the application of all the owners of lots in the land shown
in the plat and with the approval of the city and county officers
mentioned in § 15-799. The approval of such officers shall be
obtained as provided in § 15-800 for the approval and recorda-
tion of the original. *

§ 15-814. o Vacating plat; effect of, when lots sold.—Any
such plat may be vacated by the proprietors thereof, at any time
before the sale of any lots therein, by a written instrument de-
claring the same to be vacated, duly executed, acknowledged or
proved and recorded in the same office with the plat to be va-
cated. The execution and recordation of such writing shall oper-
ate to destroy the force and effect of the recording of the plat sc
vacated and to divest all public rights in, and to reinvest such
proprietors with, the title to the streets, alleys, commons and
public grounds laid out or described in such plat. In cases where
lots have been sold, the plat, or any part thereof, may be vacated
upon the application of all the owners of lots in the land showr
in the plat and with the approval of the town and county officer:
mentioned in § 15-810 and the approval of the officers shall be
obtained as provided in § 15-811 for the approval and recorda.
tion of the original. *