Section 23-4-3

Contest by interested persons.

Upon the hearing of the petition, any person or persons owning lands, or any interest therein, which abut on such street, alley or highway, or any portion thereof, and also the owner or owners of such other lots or parcels of land which will, by the proposed closing and vacating, be cut off from access thereby over some other reasonable and convenient way, may appear and assent in writing to the granting of the petition, or contest the same or suffer the same to be taken in default against him or them; but the resolution of the municipality or county that it is to the public interest that such street, alley or highway, or portion thereof, be closed and vacated shall be prima facie to that effect. If upon the hearing the court shall deny the petition, it shall so order and dismiss the petition. If, on the other hand, the court upon the hearing shall grant the petition, it shall so order, and thereupon, it shall appoint three commissioners, who shall be residents of the county or municipality in which the property is located and freeholders, to assess the damages of the owner or owners of the abutting lands which will result from the closing and vacating of the street, alley or highway, or portion thereof, and also the owner or owners, if any, of such other lots or parcels of land which will be cut off from access thereby over some other reasonable and convenient way who fail to assent to the granting of the petition. Such commissioners shall be duly sworn by the probate judge faithfully to discharge their duties and shall view the lands and hear any evidence which the parties may offer bearing on the damages which will result by such closing or vacating. The commissioners shall submit their report in writing within 10 days after qualification, which report shall assess the damages of the respective nonassenting landowners and shall describe the several tracts as to which such damages are assessed. The commissioners shall each receive $3.00 per day for their services, to be taxed as part of the cost of the proceeding.

(Acts 1931, No. 49, p. 62; Code 1940, T. 56, §28.)