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Division 4 – Vacation of Plats

§ 19.5-21 Vacation of boundary lines.

The boundary lines of any lot or parcel of land platted under the requirements of this chapter may be relocated or otherwise altered as provided for in § 19.5-17E of this chapter. Such action, however, shall not involve the vacation, relocation, or alteration of streets, alleys, easements for public passage or other public areas, nor the creation of any new building lots. No such areas shall be relocated or altered without the express consent of all persons holding any interest therein, as stipulated in the Code of Virginia, as amended.

§ 19.5-22 Vacation of plat with no lots sold.

In cases where any lot has not been sold, a plat or part thereof may be vacated according to either of the following methods:

A. Where no lots have been sold, any plat, or part thereof, recorded under the provisions of this chapter may be vacated, with the consent of the Subdivision Agent, by the owners, proprietors, and trustees, if any, who signed the owner’s consent statement declaring the same to be vacated by a written instrument, duly executed, acknowledged, and recorded in the office of the Clerk of the Circuit Court wherein the plat to be vacated is recorded. The execution and recordation of such instrument shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in, and reinvest such owners, proprietors, and trustees, if any, with, the title to the streets, alleys, easements of public passage or other public areas as described in such plat.

B. By ordinance of the Appomattox County Board of Supervisors, provided that no facilities for which bonding is required pursuant to §§ 15.2-2241 through 15.2-2245 of the Code of Virginia, as amended, have been constructed on the property or any related section thereto within five years of the date of original recordation. The ordinance shall not be adopted until after notice has been given as required by § 15.2-2204 of the Code of Virginia, as amended. The notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting where the ordinance will be voted on. An appeal from the adoption of the ordinance may be filed within 30 days with the Circuit Court. Upon such appeal the Circuit Court may nullify the ordinance if it finds that the owner of any lots shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time provided above or if the ordinance is upheld on appeal, then a certified copy of the ordinance of vacation shall be recorded in the office of the Clerk of the Circuit Court wherein the plat to be vacated 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 so vacated and to divest all public rights therein and reinvest such owners, proprietors, and trustees, if any, with the title to the streets, alleys, easements for public passage, and other public areas described in such plat.

§ 19.5-23 Vacation of plat with lots sold.

In cases where any lot has been sold, a plat or part thereof may be vacated according to either of the following methods:

A. By written instrument agreeing to the vacation signed by all owners of lots shown on said plat and by the Subdivision Agent on behalf of, and with approval of, the Appomattox County Board of Supervisors. In cases involving drainage easements and 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, the governing body shall only be required to obtain the signatures of the lot owners immediately adjoining or contiguous to the vacated area. The word “owners” shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consent of an owner. The instrument of vacation shall be acknowledged in the manner of a deed and recorded in the office of the Clerk of the Circuit Court wherein the plat to be vacated is recorded.

B. By ordinance of the Appomattox County Board of Supervisors on motion of one of its members or an application of any interested person, after proper notice of public hearing and said hearing is held in accordance with requirements of § 15.2-2204 of the Code of Virginia, as amended. 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 30 days with the Circuit Court. Upon such appeal, the Circuit 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 upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the office of the Clerk of the Circuit Court wherein the plat to be vacated is recorded.

§ 19.5-24 Effect of vacation.

The recordation of the instrument provided in § 19.5-22A or 19.5-23A, or the ordinance as provided in § 19.5-23B, 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 center line of any streets, alleys, or easements of public passage so vacated in the owners of abutting lots free and clear of any rights of the public or any owners of lots shown on the plat, but subject to the rights of the owners of any public utility installation which has been previously constructed therein. If any such street, alley, or easement of 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 uses shall be revested in the owners, proprietors, and trustees, if any, who signed the owner’s consent, free and clear of any rights of public use in the same.

 

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