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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>359780</law_id><section_number>33.2-105</section_number><catch_line>Evidence as to existence of a public highway</catch_line><edition url="https://vacode.org/2026/" slug="2026" current="TRUE" last_updated="2026-08-02">2026</edition><referred_to_by><reference>33.2-1030</reference><reference>33.2-703</reference></referred_to_by><structure><unit label="title" level="1" order_by="77" identifier="33.2">Highways and Other Surface Transportation Systems</unit><unit label="subtitle" level="2" order_by="1" identifier="I">General Provisions and Transportation Entities</unit><unit label="chapter" level="3" order_by="1" identifier="1">Definitions and General Provisions</unit></structure><text>
						<section><p>When a way has been worked by <span class="dictionary">highway</span> officials as a public <span class="dictionary">highway</span> and is used by the public as such, proof of these <span class="dictionary">facts</span> shall be prima facie <span class="dictionary">evidence</span> that the same is a public <span class="dictionary">highway</span>. And when a way has been regularly or periodically worked by <span class="dictionary">highway</span> officials as a public <span class="dictionary">highway</span> and used by the public as such continuously for a period of 20 years, proof of these <span class="dictionary">facts</span> shall be conclusive <span class="dictionary">evidence</span> that the same is a public <span class="dictionary">highway</span>. In all such cases, the center of the general line of passage, conforming to the ancient landmarks where such exist, shall be presumed to be the center of the way and in the absence of proof to the contrary, the width shall be presumed to be 30 feet.</p><p>Nothing contained in this section shall be construed to convert into a public <span class="dictionary">highway</span> a way of which the use by the public has been or is permissive and the work thereon by the <span class="dictionary">highway</span> officials has been or is done under permission of the owner of the servient tenement.</p></section></text><history>Code 1950, &#xA7; 33-98; 1970, c. 322, &#xA7; 33.1-184; 2014, c. 805.</history><metadata></metadata></law>
