§ 14-298-117 — Vacation of road

(a) (1) When any county road or any part of any county road is considered useless, any ten (10) citizens residing in that portion of the county may make application by petition agreeable to § 14-298-124 to the county court to vacate the road, setting forth in the petition the reason why the road ought to be vacated. (2) The petition shall be publicly read by the county court at the hearing on the petition, with the proof of notice and publication required by this chapter. (b) If no objections are made and filed, the county court may declare the road vacated, or any part thereof that it may deem necessary. (c) If objection is made in writing, the county court shall appoint three (3) viewers to view the road who shall proceed, after taking the oath or affirmation required by this chapter, to view the road as aforesaid and make a written report of their opinion thereon, and their reason for the opinion, to the county court. If the viewers shall report in favor of vacating the road, or any part thereof, the court, if it deems the report reasonable and just, may declare the road, or any part thereof, vacated, agreeable to the report of the viewers. (d) The costs thereof and expenses incident thereto shall be paid by the petitioners unless the county court shall order the costs and expenses paid out of the county treasury.

Legislative History

Acts 1871, No. 26, § 58, p. 56; C. & M. Dig., § 5247; Pope's Dig., § 6966; A.S.A. 1947, § 76-918; Acts 2005, No. 1200, § 10.