CHAPTER 13

An Act to amend and reenact § 15.1-364 of the Code of Virginia, relating
to alteration and vacation of streets and alleys in cities and towns.

[H 10}
Approved February 10, 1964

Be it enacted by the General Assembly of Virginia:

1. That § 15.1-864 of the Code of Virginia be amended and reenacted
as follows:

§ 15.1-364. 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 apph-
cation * at the courthouse or courtroom * of either the circuit, corporation
or hustings court, and at two public places in the city or town at least *
ten 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, incon-
venience 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 be 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 hereunder and any such pending proceedings may be
conformed to and continued under the provisions of this section without
necessity of discontinuance and institution of the new proceedings.