§ 5-51-307 — Closing and restricting use of highway

(a) If it becomes necessary for a public highway to be closed to travel for the protection of the public, it is lawful for the prosecuting attorney of the county where the public highway is sought to be closed to apply to the circuit judge for an order closing the public highway, stating in writing the reasons and necessity for the order. (b) The circuit judge shall cause reasonable notice to be given to all interested parties that the application is made, fixing a time and place for hearing. (c) All parties interested as landowners or users of the public highway or to be affected by the closing are entitled to be made parties to the cause and heard on the application. (d) If the circuit judge finds from the evidence that it is reasonable, just, and proper that travel on the public highway should be restricted or prevented, an appropriate order shall be made by the circuit judge to do so, having due regard to the rights of the public and all parties in interest. (e) Any aggrieved person may appeal from the order as in any other case.

Legislative History

Acts 1941, No. 312, § 9; A.S.A. 1947, § 41-3966; Acts 2005, No. 1994, § 259.