15.2-2271 - Vacation of plat before sale of lot therein; ordinance of vacation.
§ 15.2-2271. Vacation of plat before sale of lot therein; ordinance ofvacation.
Where no lot has been sold, the recorded plat, or part thereof, may bevacated according to either of the following methods:
1. With the consent of the governing body, or its authorized agent, of thelocality where the land lies, by the owners, proprietors and trustees, ifany, who signed the statement required by § 15.2-2264 at any time before thesale of any lot therein, by a written instrument, declaring the plat to bevacated, duly executed, acknowledged or proved and recorded in the sameclerk's office wherein the plat to be vacated is recorded and the executionand recordation of such writing shall operate to destroy the force and effectof the recording of the plat so vacated and to divest all public rights in,and to reinvest the owners, proprietors and trustees, if any, with the titleto the streets, alleys, easements for public passage and other public areaslaid out or described in the plat; or
2. By ordinance of the governing body of the locality in which the propertyshown on the plat or part thereof to be vacated lies, provided that nofacilities for which bonding is required pursuant to §§ 15.2-2241 through15.2-2245 have been constructed on the property and no facilities have beenconstructed on any related section of the property located in the subdivisionwithin five years of the date on which the plat was first recorded.
The ordinance shall not be adopted until after notice has been given asrequired by § 15.2-2204. The notice shall clearly describe the plat orportion thereof to be vacated and state the time and place of the meeting ofthe governing body at which the adoption of the ordinance will be voted upon.Any person may appear at the meeting for the purpose of objecting to theadoption of the ordinance. An appeal from the adoption of the ordinance maybe filed within thirty days of the adoption of the ordinance with the circuitcourt having jurisdiction of the land shown on the plat or part thereof to bevacated. Upon appeal the court may nullify the ordinance if it finds that theowner of the property shown on the plat will be irreparably damaged. If noappeal from the adoption of the ordinance is filed within the time aboveprovided or if the ordinance is upheld on appeal, a certified copy of theordinance of vacation may be recorded in the clerk's office of any court inwhich the plat is recorded.
The execution and recordation of the ordinance of vacation shall operate todestroy the force and effect of the recording of the plat, or any portionthereof, so vacated, and to divest all public rights in and to the propertyand reinvest the owners, proprietors and trustees, if any, with the title tothe streets, alleys, and easements for public passage and other public areaslaid out or described in the plat.
(Code 1950, §§ 15-793, 15-967.16; 1950, p. 722; 1962, c. 407, § 15.1-481;1964, c. 564; 1987, c. 404; 1997, c. 587.)