Page:United States Statutes at Large Volume 47 Part 1.djvu/773

 72d CONGRESS. SESS. II. CH. 4. DECE MBE R 15, 1932 . 749 SE C. 4. If, after such hearing, the commissioners are of the opinion Closing proceedings- that any street, road, highway, or alley, or part thereof, should be closed, they shall prepare an order closing the same and shall cause public notice of such order to be given by advertisement for fourteen Notice of order. c onsec utive days, exclus ive of Sund ays an d lega l holi days in at least two daily newspapers of general circulation printed and published in the District of Columbia, and shall serve a copy of such order on service, each property owner abutting the street, road, highway, or alley, or part thereof, proposed to be closed by such order, and copy of such order shall be served on the owners in person or by registered mail deliv ered a t the last k nown reside nce of such owners, or if the owner can not be located the advertisement provided for above shall be deemed sufficient legal notice ; or if he be a nonresident of the District of Columbia, by sending a copy thereof by registered mail to his last known place of address : Provided, That if no objection in writing Effective ii no obje . be made to the commissioners by any party interested within thirty tionreceivedin30daysi days after the se rvice of su ch ord er, th en the said order shall imme- diately become effective ; and the said order and plat or plats as pro- vided for herein shall be ordered by the Commissioners of the District of Co lumbia recor ded in the office of th e surv eyor o f the Distr ict of Columbia. S EC. 5 . When any such objection shall be filed with the commis- uo ~ if ebNe s sioners as provided in the foregoing section, then the Commissioners of the District of Columbia shall institute a proceeding in rem in the Supreme Court of the District of Columbia for the closing of such street, road, highway, or alley, or part thereof, and its abandon- ment for street, highway, or alley purposes, and for the ascertain- ment of damages and the assessment of benefits resulting from such closing and abandonment. Such proceeding shall be conducted in Nature of like manner as proceedings for the condemnation of land for streets, under the provisions of chapter 15, subchapter 1, of the Code of Law vol . 34, p. 161L for the District of Columbia, and such closing and abandonment shall be effective when the damages and benefits shall have been so ascertained and the verdict confirmed. S EC. 6 . Any damages awarded in any proceedings under section 5 abea ir°m awa rmanen of t his A ct, toge ther with the cost s of the proc eedin gs, shall be appropriation . payable from the indefinite annual appropriation for opening, exten ding, straig htenin g, or widen ing of any s treet, aven ue, ro ad, or highway, in accordance with the plan of the permanent system of collection of benefit, highways of the District of Clumbia. Any benefits assessed assesemente. against private property in any such proceedings shall be a lien upon such property and shall be collected in like manner as provided v°' •14, p.1-13. in section 491-j of the Code of Law for the District of Columbia. SEc. 7. In any proceedings under section 5 or section 6 of this Act ofDIsc retion powera it shall be optional with the commissioners either to abide by the verdict and proceed with the proposed closing, or within a reason- able time to be fixed by the court in its order confirming the verdict, to abandon the proposed closing without being liable for damages therefor. S EC. 8. Nothing in this Act contained shall be construed to prevent Filing oeetii~sn ot cy the f iling of pet itions by a buttin g prop erty o wners, or o ther p ersons denimssue, etc. , not or groups of persons affected by said closing, praying the closing or discontinuance in the public interest of any street, road, highway, or alley, or parts or portions thereof within the District of Columbia ; and all such petitions shall be definitely considered by the Commis- sioners of the District of Columbia, and all action taken by the said commissioners thereon shall be in conformity and compliance with the p rovisi ons of this Act.