a. Some ROW’s are simply left by the developer/owner as private, joint and common use, to
adjacent properties.
b. Private alleys, etc., are generally private issues that do not involve the City
2. If the ROW is public, in which locality (city or county) was the ROW dedicated?
a. When was the ROW dedicated?
b. Which law was in effect at the time of dedication? Certain acquisition years mean the City/locality
only acquired the right to use the ROW. Fee simple ownership would be retained by the property
owner dedicating the ROW to the locality.
c. Was the ROW dedicated by deed, plat, or prescription?
d. Did the locality accept the ROW?
e. Was the ROW dedicated to VDOT?
i. ROW dedicated to counties was most likely state maintained and state owned.
ii. Annexation by the City does not automatically determine the annexed ROW’s clear title
to the City. Often the ROW ownership is retained by the State even though the City is
maintaining the ROW.
3. A copy of an article discussing the factors that are to be considered when determining who gets title to a
vacated right-of-way is included with the Right-of-Way Vacation Application.
d. If the application i
s for an active ROW (ex. a street or alley that is used by the public), submit photos of notification signs posted
in the area to be vacated. Sign formatting requirements can be found in City Code §35.2-10.14.3.b. This is to be arranged and
paid for by the petitioner.
i. Active ROW petitions also require notice be mailed to property owners within 200’ of the proposed vacation. This cost
will be billed to the petitioner.
di. A check payable to the City of Lynchburg in
the amount set forth in the fee schedule adopted by City Council ($75)
dii. Electronic copy of all submittals. (Electronic copies may be submitted through eTrakit by
contacting Victoria Glasgow @
434-455-3937, by email at victoria.glasgow@lynchburgva.gov or on a flashdrive. Please name the files in the following format:
(YY-MM-DD _File name)
2. Upon determining that the application materials are complete and sufficient, the petition will be reviewed by the City’s Technical Review
Committee.
a. City departments will have the opportunity to comment and voice any concerns over vacating the ROW.
b. The Planning Division generally does not support vacating ROW that is reserved for future street connectivity.
c. Usually, attendance at this meeting is not required, unless the ROW is active or part of a larger development project.
3. The petition will be scheduled for review by the Physical Development Committee (PDC), usually held on the second Tuesday morning of
the month.
a. This is a three member board, composed of three members of City Council. The mayor also sits on this board.
b. The Planning Division will present its recommendation.
c. PDC will deliberate and forward the petition on to full council as they see fit.
d. Attendance is required at this meeting (by the petitioner or the representative)
4. The petition will be advertised in the newspaper, as required by state code. This cost will be billed to the petitioner.
5. The petition will be scheduled for a public hearing with City Council.
a. Members of the public may speak in favor of or against the petition.
b. Council will vote to approve to approve or deny the vacation.