Chap. 240.—An ACT to amend chapter X of the charter of the town of Waynes-
boro, by adding a new section thereto, to be known as section 6012, empower-
ing the council to vacate, discontinue or alter public streets, avenues, or alleys,
prescribing the procedure therefor, and confirming alterations or vacations
heretofore made. [H B 260

Approved March 23, 1926.

1. Beit enacted by the general assembly of Virginia, That chapter
ten of the charter of the town of Waynesboro, Virginia, be amended
by adding a new section thereto, to be known as section sixty and one-
half, so as to read as follows:

Section 60 ¥%. The council, at its discretion, shall have power to
vacate, alter, or discontinue, in whole or in part, any public street,
avenue, or alley, in the town in the manner following:

On the application of any landowner or on resolution of the council
of its own motion, the mayor shall appoint three viewers to act as
commissioners, who shall ascertain and report if any inconvenience
will result to the public and whether in their opinion any, and if any,
what special damage, will be suffered by the landowner or landowners
abutting thereon, if the street, avenue, or alley is vacated, discon-
tinued, or altered in whole or in part,.as proposed. Upon the return
of the report, the mayor shall fix a time and place to consider the said
report, of which the clerk of the council shall give notice by publica-
tion once a week for two successive weeks in a newspaper published
in the town, or having general circulation therein. At the hearing,
evidence may be offered for and against the report, and the council
may at that or any adjourned or regular meeting approve, or modify
the report as to it shall seem right, just, and proper, and as approved,
or modified, adopt the same, or reject the report and dismiss the pro-
ceeding. If the report is adopted, or as modified is adopted, the
council shall pass an ordinance prescribing such conditions, if any,
as to it shall seem proper, vacating, discontinuing, or altering the said
street, avenue, or alley, in whole or in part. The title to the street,
avenue, or alley, or to such part thereof as shall be vacated, discon-
tinued or altered shall vest in the town, or in the landowner or land-
owners, whose property abutts thereon, to be determined by the
council in the ordinance. An appeal of right may be taken by a dis-
satished landowner affected, within ten days of the passage of the
ordinance, vacating, discontinuing or altering any street, avenue, or
alley or any part thereof, to the circuit court of Augusta county on the
question of special damages, awarded, but the right, motives, or pur-
poses of the council touching the. vacation, alteration, or discontinu-
ance of the street, avenue, or alley, in whole or in part, or the condi-
tions prescribed or annexed, shall not be open to inquiry on appeal.

Any street, avenue or alley in the town, or any part thereof here-
tofore altered or vacated by the council is hereby confirmed.

The public interests requiring that this amendment to the charter
of the town of Waynesboro should be effective as soon as possible, an
emergency is declared to exist, and this act shall take effect from its
passage.