In cases where any lot in a subdivision has been sold, the subdivision
plat, or part thereof, may be vacated according to either of the following
methods:
A. By plat of vacation agreeing to such vacation, signed by all the
owners of lots shown on the plat and also signed by the director.
In cases involving drainage easements or street rights-of-way where
the vacation does not impede or alter drainage or access for any lot
owners other than those lot owners immediately adjoining or contiguous
to the vacated area, only the signatures of the lot owners immediately
adjoining or contiguous to the vacated area shall be required. The
word "owners," as used herein, shall not include lien creditors, except
those whose debts are secured by a recorded deed of trust or mortgage,
and shall not include any consort of an owner. The instrument of vacation
shall be acknowledged in the manner of a deed and filed for record
in the clerk's office.
B. By ordinance of the Board of County Supervisors, on motion of one
of its members or on application of any interested person. Such ordinance
shall not be adopted until notice has been given as required by § 15.2-2204,
as amended, of the Code of Virginia. Such notice shall clearly describe
the plat or portion thereof to be vacated and state the time and place
of the meeting of the Board of County Supervisors at which the adoption
of the ordinance will be voted upon. Any person may appear at such
meeting for the purpose of objecting to the adoption of the ordinance.
An appeal from the adoption of the ordinance may be filed, within
30 days, with the Circuit Court of the County. Upon such appeal, the
Court may nullify the ordinance, if it finds that the owner of any
lot 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 shall be recorded in the clerk's office. (State law
reference: Similar provisions, Code of Virginia, § 15.2-2272,
as amended.)
The recordation of an instrument or ordinance of vacation as provided in §
140-84 shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys or easements for public passage so vacated in the owners of abutting lots, and shall act to consolidate the vacated portions with the abutting lots, free and clear of any rights of the public or other owners of lots shown on the plat, but subject to the rights of the owners of any public utility installations which have been previously erected therein. If any such street, alley or easement for public passage is located on the periphery of the plat, such title, for the entire width thereof, shall vest in such abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the statement required by §
140-69 of this chapter, free and clear of any rights of public use in the same. (State law reference: Similar provisions, Code of Virginia, § 15.2-2274, as amended.)
The clerk of court shall write, in plain legible letters, across
each plat, or the part thereof, vacated pursuant to the provisions
of this article, the word "vacated" and also make reference on the
same to the volume and page in which the instrument of vacation is
recorded. (State law reference: Similar provisions, Code of Virginia,
§ 15.2-2276, as amended.)