COUNTY OF ALBEMARLE
Route 640 (Turkey Sag Road) – Abandonment and Addition of Road Segments
Request to abandon a segment of Route 640 (Turkey Sag Road) and to add a segment to secondary system of state highways as part of Route 640
Tucker, Foley, Davis, Kamptner, Graham, Benish, Wade
LEGAL REVIEW: Yes
November 5, 2008
ACTION: X INFORMATION:
Route 640 (Turkey Sag Road) was realigned and reconstructed at its intersection with Route 231 (Gordonsville Road) in the 1970’s. (Attachment A) In 1976, the Board adopted a resolution abandoning a segment of Route 640 and requesting that another segment be added to the secondary system of state highways (the “secondary system”) as part of Route 640. The lengths of the two segments referenced in the Board’s 1976 resolution were erroneously stated as less than their actual length. In 1997, VDOT requested that the Board adopt another resolution abandoning the segment of Route 640 purportedly abandoned in 1976 because an abutting owner desired to acquire the triangular residue between the old alignment and the new alignment. However, the Board was not asked at that time to request that the new segment be added to the secondary system. Because of perceived errors in the prior Board resolutions, VDOT has now requested that the Board adopt a new resolution to abandon the segment of the old alignment and to request that the new alignment be added to the secondary system.
Goal Three: Develop policies and infrastructure to address the County’s growing needs
Under Virginia Code § 33.1-155, the Board may abandon any road in the secondary system that has been altered and a new road serving the same citizens as the old road has been constructed in lieu thereof. When a road in the secondary system is replaced by a new road in a new alignment, the Board adopts a resolution that simultaneously requests that the new segment be added to the secondary system under Virginia Code § 33.1-229, and abandons the old segment under Virginia Code § 33.1-155. For the reasons explained in the Background, VDOT has requested that the Board adopt such a resolution regarding Route 640.
The segment of right-of-way to be added to the secondary system as part of Route 640 and the segment of Route 640 to be abandoned are shown on Attachment B, which was provided by VDOT. The segment to be added to the secondary system is 0.09 miles in length and the segment to be abandoned is 0.10 miles in length. The segment proposed to be abandoned is no longer needed because the new alignment serves the same citizens as were served by the old alignment.
A public hearing is not required under Virginia Code §§ 33.1-155 and 33.1-229. Because the segment being abandoned was within a prescriptive easement, abandonment destroys the prescriptive easement and no further conveyance of any property interest is required.
There will be no budget impact.
Staff recommends that the Board adopt the attached Resolution (Attachment B) abandoning a segment of Route 640 and requesting that another segment be added to the secondary system of state highways as part of Route 640.
Attachment A – Location Map
Attachment B – Resolution w/Attached VDOT Sketch
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