Legal Question in Real Estate Law in Virginia

County abandons right-of-way to property

Our church purchased undeveloped property in 1998. The property was sold in two parcels. Parcel A had frontage on a State maintained road. Parcel B was proposed to be accessed by a 100' long, ''50' wide public right-of-way'' to a state maintained road as indicated on the subdivision plat. The right-of-way was platted to the County. Once the church purchased the 2 parcels, they combined them into one parcel on the plat. Now that development plans have been submitted, complaints by neighbors are prompting the County to abandon the ''public right-of-way'' to the church property. If abandoned, this would have significant monetary impacts to the proposed development. Can the County legally abandon the right-of-way without compensating the church in any manner?


Asked on 11/12/03, 11:13 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: County abandons right-of-way to property

You may wish to consult a local attorney who is knowledgeable in land use law (zoning) for the area in which the property was located. You don't say in your question whom you purchased the property from, but if it was from persons(s) or an entity other than the County(or even from the County itself), and there was no clause in the purchase agreeement requiring the County to maintain the right of way, then the County would be under no legal obligation to maintain it in perpetuity and could abandon it whenever it chose to do so.

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Answered on 11/15/03, 1:10 pm


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