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1995 SESSION

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LD7371482
HOUSE BILL NO. 1848 Offered January 19, 1995 A BILL to amend and reenact § 15.1-478 of the Code of Virginia, relating to recordation of plat as transfer to local governments of rights-of-way shown on the plat. ----------
Patrons--Wagner, Copeland, Croshaw, McDonnell, Purkey and Robinson; Senators: Holland, C.A. and Stolle
---------- Referred to Committee on Counties, Cities and Towns ----------

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-478 of the Code of Virginia is amended and reenacted as follows:

§ 15.1-478. Recordation of plat as transfer of streets, termination of easements and rights-of-way, etc.

The recordation of such plat shall operate to transfer, in fee simple, to the respective counties and municipalities in which the land lies such portion of the premises platted as is on such plat set apart for streets, alleys or other public use and to transfer to such county or municipality any easement indicated on such plat to create a public right of passage over the same; but nothing contained in this article shall affect any right of a subdivider of land heretofore validly reserved. Any county or municipality may also, by ordinance, provide that the recordation of such plat shall operate to transfer to the county or municipality such easements for the conveyance of stormwater, domestic water and sewerage, including the installation and maintenance of any facilities utilized for such purposes, as the county or municipality may require.

Provided, that where the authorized officials of a county, town or city within which land is located, approve in accordance with the subdivision ordinances of such county, town or city a plat or replat of land therein, then upon the recording of such plat or replat in the clerk's office wherein land records are maintained, all rights-of-way, easements or other interest of the county, town or city in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that an interest acquired by the county, town or city by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage or for the conveyance of stormwater, domestic water and sewerage subject to the provisions of § 15.1-481 or § 15.1-482 shall not be affected thereby.