§ 14-298-117 - Vacation of road.
               	 		
14-298-117.    Vacation of road.
    (a)    (1)  When  any county road or any part of any county road is considered useless,  any ten (10) citizens residing in that portion of the county may make  application by petition agreeable to    14-298-124 to the county court to  vacate the road, setting forth in the petition the reason why the road  ought to be vacated.
      (2)  The  petition shall be publicly read by the county court at the hearing on  the petition, with the proof of notice and publication required by this  chapter.
(b)  If no objections are  made and filed, the county court may declare the road vacated, or any  part thereof that it may deem necessary.
(c)  If  objection is made in writing, the county court shall appoint three (3)  viewers to view the road who shall proceed, after taking the oath or  affirmation required by this chapter, to view the road as aforesaid and  make a written report of their opinion thereon, and their reason for the  opinion, to the county court. If the viewers shall report in favor of  vacating the road, or any part thereof, the court, if it deems the  report reasonable and just, may declare the road, or any part thereof,  vacated, agreeable to the report of the viewers.
(d)  The  costs thereof and expenses incident thereto shall be paid by the  petitioners unless the county court shall order the costs and expenses  paid out of the county treasury.