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Agenda 01/26/1999
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Agenda 01/26/1999
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2/22/1999 8:22:41 PM
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City Council
Meeting Date
1/26/1999
City Council - Category
Agendas
City Council - Type
General
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DAVID B. WORTHY <br />CiTY ATTORNEY <br /> <br />City <br /> <br />of Martinsville <br /> <br /> VIRGINIA <br /> <br />January 7, 1999 <br /> <br />Mr. Wayne D. P. Knox <br />Planning/Zoning and Housing Manager <br />P. O. Box 1112 <br />Martinsville, VA 24114 <br /> <br />Re: Street abandonment request -Thomasson Street <br /> <br />Dear Wayne: <br /> <br /> This is to respondto your letter of September 21, 1998 on the above, which involves a <br />request to vacate part 0fThomasson Street, which is actually .a paper street. Thomasson Street is <br />shown on a map of property of O. W. Thomasson, showing his subdivision of lots on Knowl, <br />Union, and Thomasson Streets, which ma.p is recorded:in Henry CoUntyin Map Book 1 at page <br />139 prior to the'time that Martinsville became' a city in'i941~' <br /> <br /> It is presently the law that when a subdivision map is 'put on record that fee simple title to <br />all of the streets and other public rights of way shown thereon vests in-the city, making all such <br />streets public streets Whether they are streets on the ground or merely paper streets. However, at <br />the time this map was put on record the law was different and the recordation of such a plat <br />merely constituted an offer to dedicate the street for public purposes but before any such <br />dedication for public purposes could occur, there had to be an acceptance by the goveming body. <br />Such acceptance is usually indicated by a formal resolution of the governing body or by some <br />'exercise of dominion by the governing body over the street in question by paving or otherwise <br />improving same and opening it up to traffic. <br /> <br /> To my knowledge there is no evidence whatsoever that Henry County ever ac~:epted the <br />offer of dedication made by Mr. Thomasson by exercising some dominion over Thomasson <br />Street, nor, to my knowledge, has the City of Martinsville ever done this, meaning that said street <br />is not a public street, t. hat the fights of all of the parties in this case are private, rather than public <br />fights, and that there is no public fight of way on Thomasson Street which might be vacated by <br />Council. As far as private fights are concerned, each party buying a lot in a subdivision of this <br />sort b~.mZi~ ~hfit..l. ed ~o :us~.Tal..,! 0,'f th~'.itreets~ pap..e.t' or, q..the.rWise shOWn on the subdivision plat <br />unlesi igd:,Untii something isdone to diveSt that piirty 6fSuch fight~ which iS" i'piiVate <br />any disputi~'0ver'Sarne.would have to be reSolved. by .theparties' privately eithei by :agr~m~tit or <br />by a lawsuit, 'In other Words, there are'presently no public fightS~ aSSociated with Thomai~0ff <br /> <br /> <br />
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