§7-1-3h. Authority and procedure for closing unused roads, streets
and travel ways; notice and hearing; circuit court
review.
The county court of any county, upon the verified application
of any landowner whose land abuts on any unused road, street, or
other travel way designated on any map or plat of a subdivision of
land or otherwise within such county but outside of incorporated
towns or cities thereof, is hereby authorized to close and vacate
any part or all of any such unused road, street or other designated
travel way by order entered of record after hearing as hereinafter
provided. Before acting to close and vacate any such road, street
or travel way, the county court shall consider the application and
shall fix a time and place for hearing on such application. Such
hearing shall be held not less than fifteen days after the hearing
date and place have been so fixed. The applicant shall cause
notice of the time and place of such hearing and the purpose
thereof to be published as a Class I legal advertisement in
compliance with the provisions of article three, chapter fifty-nine
of this code, and the publication area for such publication shall
be the county. The notice shall be published at least fifteen days
before such hearing. The applicant shall also cause to be served,
at least fifteen days before such hearing, in the manner provided
by law for the service of notices and process, a notice showing the
time, place and purpose of such hearing, upon every owner of
property, and every person holding a lien thereon, abutting on such
unused road, street or other travel way. The affidavit of
publication of such notice shall be filed with the county court at or before the hearing as a part of the record in the proceedings.
At the time and place fixed for the hearing, the county court
shall hear any evidence relating to the use of and rights or claims
in or to any such road, street or other designated travel way
sought to be closed and vacated. If the county court concludes and
finds upon the record and evidence in the proceedings that the use
and rights of no person or persons in such road, street or other
travel way will be impaired or lost by the closing and vacation
thereof, the county court shall proceed to enter an order closing
and vacating such road, street or other travel way and shall cause
a copy of said order to be prepared and certified for entry of
record in the office of the clerk of such county court. The
applicant shall pay the recording fee thereon.
Any person aggrieved by the action of the county court in any
such case may seek review thereof in the circuit court of the
county as provided in article three of chapter fifty-eight of this
code.