Va. Code » Title 15.2. Counties, Cities and Towns » Subtitle II. Powers of Local Government » Chapter 20. Streets and Alleys » Article 2. Vacation, Etc., of Public Rights-of-Way
Virginia Code

Va. Code Ann. § 15.2-2006 (2026)

Alteration and vacation of public rights-of-way; appeal from decision

✓ current as of May 2026
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In addition to (i) the powers contained in the charter of any locality, (ii) any powers now had by such governing bodies under the common law or (iii) powers by other provisions of law, public rights-of-way in localities may be altered or vacated on motion of such governing bodies or on application of any person after notice of intention to do so has been published twice in a newspaper having general circulation in the locality, with the first notice appearing no more than 28 days before and the second notice appearing no less than seven days before the hearing. The notice shall specify the time and place of a hearing at which persons affected may appear and be heard. The cost of publishing the notice shall be taxed to the applicant. At the conclusion of the hearing and on application of any person, the governing body may appoint three to five people to view such public right-of-way and report in writing any inconvenience that would result from discontinuing the right-of-way. The governing body may allow the viewers up to fifty dollars each for their services. The sum allowed shall be paid by the person making the application to alter or vacate the public right-of-way. From such report and other evidence, if any, and after the land owners affected thereby, along the public right-of-way proposed to be altered or vacated, have been notified, the governing body may discontinue the public right-of-way. When an applicant requests a vacation to accommodate expansion or development of an existing or proposed business, the governing body may condition the vacation upon commencement of the expansion or development within a specified period of time. Failing to commence within such time may render the vacation, at the option of the governing body, void. A certified copy of the ordinance of vacation shall be recorded as deeds are recorded and indexed in the name of the locality. A conditional vacation shall not be recorded until the condition has been met.

Any appeal shall be filed within sixty days of adoption of the ordinance with the circuit court for the locality in which the public right-of-way is located.

Code 1950, § 15-766; 1950, p. 725; 1952, c. 580; 1956, c. 487; 1958, c. 196; 1962, c. 623, § 15.1-364; 1964, c. 13; 1972, c. 357; 1973, c. 71; 1980, c. 236; 1982, c. 381; 1983, c. 33; 1984, c. 175; 1986, c. 41; 1997, c. 587; 2024, cc. 225, 242.

Notes of Decisions
Cited in 3 cases, 2001–2015 · leading case: Richmeade, L.P. v. City of Richmond, 594 S.E.2d 606 (Va. 2004).
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Richmeade, L.P. v. City of Richmond, 594 S.E.2d 606 (Va. 2004). · cites it 2× “By ordinance adopted February 22, 1999, the City vacated the streets pursuant to Code §§ 15.2-2006 and 15.2-2007.1. In April 1999, the City reconsidered its February 22, 1999 action and denied the request for vacating the streets.”
Erichsen v. City of Norfolk, 54 Va. Cir. 392 (Norfolk Cir. Ct. 2001). · cites it 8× “Accordingly, this appeal taken pursuant to Virginia Code § 15.2-2006 and motion for declaratory judgment pursuant to Virginia Code § 8.”
Konick v. Town of Washington, 90 Va. Cir. 264 (Rappahannock Cir. Ct. 2015). · cites it 6× “Count III alleges violation of a number of the Virginia Code sections addressing local legislation procedures pursuant to Va. Code § 15.2-2006, § 15.2-2008, and § 15.”
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