The City of L
ynchburg, Virginia
RIGHT-OF-WAY VACATI
ON PACKET
Department of Community Development
City Hall, 900 Church Street
Lynchburg, Virginia 24504
PHONE • (434) 455-3900
FAX • (434) 845-7630
1. PETITIONER: The applicant is the: •Owner •Contract Purchaser: •Contract Leaseholder:
Zip:
Name:
Street:
City: State:
Telephone#:
E-Mail:
E-Signed: ___________________________ (Petitioner) Date:
2. OWNER: (if different from petitioner; otherwise leave this section blank)
Zip:
Name:
Street:
City: State:
Telephone#:
Email:
E-Signed: ___________________________ (Owner)
Date:
3. REPRESENTATIVE:
Name:
Street:
City: State:
Telephone#:
Firm Name:
Zip:
Email:
This following describes the materials needed and steps involved in a right-of-way (ROW) vacation. This process takes roughly 90-120 days from
submittal until the decision to vacate is made.
1. Submit the required materials to the Department of Community Development, located at 900 Church Street (second floor):
a. One (1) original signed ROW vacation application, complete with metes and bounds description (usually provided by a surveyor)
and any adjoining owner signatures.
i. Be aware that any disagreement by affected adjoining land owners may result in City Council denying the ROW
vacation.
b. Six (6) copies of a sketch (or plat) showing the ROW to be vacated.
c. Three (3) copies of a title search or opinion from an attorney or title examiner determining ownership of the right-of-way after
it is vacated. A copy of a sample opinion letter is included with the right-of-way vacation application
i. In order for the ROW to be vacated by the City, the ownership of the ROW after it is vacated must first be
determined. As a petitioner (or their representative) interested in having the City vacate ROW in order to serve the
petitioner’s interest, you will be required to provide this information.
ii. Past laws dictating how ROW was dedicated and annexation history of the ROW need to be taken into consideration
during the research process. Here are some, but not all, things to consider when performing the title research:
1. Was the property in question publicly dedicated?
Application Submittal Requirements - Right-of-Way Vacation
One (1) original signed right-of-way vacation application, complete with metes and bounds description and any
adjoining owner signatures.
Three (3) copies of a title search or opinion from an attorney or title examiner determining ownership of the
right-of-way after it is vacated. A copy of a sample opinion letter is included with the right-of-way vacation
application.
Six (6) copies of a sketch (or plat) showing the right-of-way to be vacated.
Photos of notification signs (if applicable)
A check payable to the City of Lynchburg in the amount set forth in the fee schedule adopted by City Council
($75)
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)
click to sign
signature
click to edit
click to sign
signature
click to edit
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.
APPLICATION FOR THE VACATION OF A
________________________
Street/Alley/Right-of-way
LOCATED BETWEEN
_______________________________________________________
The undersigned applicant, __________________________________
pursuant to the provisions of Section 51.1-364 of the Code of Virginia, 1950,
as amended, and Sections 35-71 to 35-77, both inclusive, of the Lynchburg
City Code, 1981, as amended, respectfully makes application to the
Lynchburg City Council for the vacation of that certain _________________
described as follows:
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
_____________________________________________________________
The applicant further requests the Lynchburg City Council to hold a
public hearing on this application at its meeting to be held in the Council
Chamber, City Hall, 900 Church Street, Lynchburg, Virginia, on
_______________________, 20_____, at 7:30 p.m., or as soon thereafter as
the matter may be heard, and at the conclusion of which hearing to consider
whether or not to vacate the above described _________________________.
The City does not guarantee that the adjoining property owners get
title to any portions of a public street or alley that is vacated. When vacating
public right of way the City is only giving up its interest in the public right
of way. State law determines who gets title to the vacated right of way.
Anyone who wishes to acquire an interest in the vacated right of way should
consult with an attorney or title examiner.
Given under my hand this ________ day of ____________________,
20_____.
______________________________
Applicant
______________________________
______________________________
Address
______________________________
Telephone Number
WE, THE ADJOINING PROPERTY OWNER(S), ARE IN AGREEMENT
TO THE VACATION OF THE ABOVE DESCRIBED PROPERTY.
______________________________
______________________________
Address
click to sign
signature
click to edit
Sample Title Search/Opinion (intended to serve as a guide only - required information will vary
depending on the ROW in question)
Reference Article (Discusses vacated ROW ownership factors)