Humphreys v. Arnold

By Judge Joseph E. Spruill, Jr.

In this proceeding, the Court is asked to compel the Lancaster County Subdivision Committee to approve a subdivision plan which reserves to the subdivider the fee simple title to the right-of-way which traverses the property. The right-of-way is in fact a “Byrd Act” public road, State Route 675, which has been used by the public for many years. The Virginia Department of Transportation (VDOT) has a 30-foot easement over the roadway for public travel. The underlying fee is owned by the petitioner who seeks to retain it.

The petitioner’s request for approval of the…