CHAPTER 196

An Act to amend and reenact § 15-766, as amended, of the Code of
Virginia, relating to alteration and vacation of streets and alleys so
as to provide for compensating certain viewers. TH 896]

Approved March 6, 1958

Be it enacted by the General Assembly of Virginia:
1. That § 15-766, as amended, of the Code of Virginia, be amended and
reenacted as follows:
.. § 15-766. In addition to the powers contained in the charter of any
city or town and any powers now had by such governing body under the
common law or by other provisions of law, streets and alleys in cities and
towns may be altered or vacated on motion of such governing body or on
application of any person after posting notice of the intended application
on the first day of the term of either the circuit, corporation or hustings
court, at the courthouse or courtroom thereof, and at two public places in
the city or town at least five days before the council appoints viewers as
hereinafter set forth. On application of any person as aforesaid the council
shall appoint not less than three nor more than five viewers to view such
street or alley and report in writing whether in their opinion, any and if
any, what, inconvenience would result from discontinuing the same. Such
governing body may allow such viewers not exceeding ten dollars each for
their services. The sum allowed shall be paid by the person making the
application to alter or vacate the street or alley. From such report and
other evidence, if any, and after the land proprietors affected thereby,
along the street or alley proposed to be altered or vacated, have been
notified, the council or other governing body, may discontinue such
street or alley. A certified copy of the ordinance of vacation may
recorded as deeds are recorded, and indexed in the name of the city
or town. The appeal, if any, shall be to the court at the courthouse
or courtroom at which the notice was posted. All proceedings which
have been instituted and concluded in the manner prescribed by this section
are valid to the same extent as if they had been expressly conducted here-
under and any such pending proceedings may be conformed to and con-
tinued under the provisions of this section without necessity of discon-
tinuance and institution of the new proceedings.

2. An emergency exists and this act is in force from its passage.