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 Norton
 Code of Ordinances
 Appendix A. SUBDIVISION ORDINANCE
 Article VIII. VACATION OF PLAT

  § 8-2. Procedure after sale of lot.

Latest version.

  • In cases where any lot has been sold, but before building construction has progressed to the point that vacation of the plat would place the land and buildings in violation of this or any other ordinance of the city, the plat or part thereof may be vacated according to either of the following methods:

    (a)

    By instrument. In writing agreeing to said vacation signed by all the owners of the lots shown on said plat and also signed on behalf of the City of Norton by the city manager for the purpose of showing the approval of such vacation by the city council. 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 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 of Wise County Circuit Court in which said plat is recorded.

    (b)

    By ordinance. The city council on motion of one of its members of [on] an application of any interested person. Such ordinance shall not be adopted until after notice has been given as required by section 15.1-431, Code of Virginia, 1950, as amended. Said 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 said 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 (30) days with the circuit court having jurisdiction of the land shown on the plat or part thereof to be vacated. Upon such appeal the court may nullify the ordinance if its 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 may be recorded in the clerk's office of any court in which the plat is recorded.

    (c)

    Effect of vacation. The recordation of the instrument as provided in this article 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 for public passage so vacated in the owners of abutting lots free and clear of 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 free and clear of any rights of public use in the same.