CODE OF VIRGINIA

VACATION OF PLAT BEFORE SALE OF LOT THEREIN; ORDINANCE OF VACATION (§
15.2-2271)

Where no lot has been sold, the recorded plat, or part thereof, may be vacated
according to either of the following methods:

   1.  With the consent of the governing body, or its authorized agent, of the
   locality where the land lies, by the owners, proprietors and trustees, if any,
   who signed the statement required by § 15.2-2264 at any time before the sale
   of any lot therein, by a written instrument, declaring the plat 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 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 title to
   the streets, alleys, easements for public passage and other public areas laid
   out or described in the plat; or

   2.  By ordinance of the governing body of the locality in which the property
   shown on the plat or part thereof to be vacated lies, provided that no
   facilities for which bonding is required pursuant to §§ 15.2-2241 through
   15.2-2245 have been constructed on the property and no facilities have been
   constructed on any related section of the property located in the subdivision
   within five years of the date on which the plat was first recorded.

The ordinance shall not be adopted until after notice has been given as required
by § 15.2-2204. The notice shall clearly describe the plat or portion thereof
to be vacated and state the time and place of the meeting of the 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 the adoption of the ordinance. An
appeal from the adoption of the ordinance may be filed within thirty days of the
adoption of the ordinance with the circuit court having jurisdiction of the land
shown on the plat or part thereof to be vacated. Upon appeal the court may
nullify the ordinance if it finds that the owner of the property shown on the
plat will be irreparably damaged. If no appeal from the adoption of the
ordinance is filed within the time above provided or if the ordinance is upheld
on appeal, a certified copy of the ordinance of vacation may be recorded in the
clerk’s office of any court in which the plat is recorded.The execution
and recordation of the ordinance of vacation shall operate to destroy the force
and effect of the recording of the plat, or any portion thereof, so vacated, and
to divest all public rights in and to the property and reinvest the owners,
proprietors and trustees, if any, with the title to the streets, alleys, and
easements for public passage and other public areas laid out or described in the
plat.

HISTORY: 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.