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(i) The council, at its discretion, shall have power to vacate, alter, or discontinue, in whole or in part, any public street, avenue, or alley, in the city in the following manner.
On the application of any landowner or on resolution of the council of its own motion, the mayor shall appoint three (3) viewers to act as commissioners, who shall ascertain and report if any inconvenience will result to the public and whether in their opinion any, and if any, what special damage will be suffered by the landowner or landowners abutting thereon, if the street, avenue, or alley is vacated, discontinued, or altered in whole or in part, as proposed. Although appointed viewers are encouraged to contact each other to accomplish their objective, it is the chairman's responsibility to initiate contact and coordinate efforts among the viewers.
(iii) Upon the return of the report, the mayor shall fix a time and place to consider the said report, of which the clerk of the council shall give notice by publication once a week for two successive weeks in a newspaper published in the city, or having general circulation therein.
(iv) At the hearing, evidence may be offered for and against the report, and the council may at that or any adjourned or regular meeting approve or modify the report as it deems right, just, and proper to do, and as approved or modified, adopt the same, or reject the report and dismiss the proceeding.
(v) If the report is adopted, or as modified is adopted, the council shall pass an ordinance prescribing such conditions, if any, as it deems proper, vacating, discontinuing, or altering the said street, avenue, or alley in whole or in part. The title to the street, avenue, or alley, or to such part thereof as shall be vacated, discontinued, or altered, shall vest in the city, or in the landowner or landowners, whose property abuts thereon, to be determined by the council in the ordinance.
(vi) An appeal of right may be taken by a dissatisfied landowner affected, within ten (10) days of the passage of the ordinance, vacating, discontinuing or altering any street, avenue, or alley, or any part thereof, to the circuit court of the City of Waynesboro on the question of special damages awarded, but the right, motives, or purposes of the council touching the vacation, alteration, or discontinuance of the street, avenue, or alley, in whole or in part, or the conditions prescribed or annexed, shall not be open to inquiry on appeal.
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