Clinch Valley news. [volume] (Jeffersonville, Va.) 18??-2019, 1912-03-01

the land owners named in said petit
tion to appear at the same time and
place named in the summons to the
road commission to show cause aga
inst the establishment, alteration or
discontinuance. and should said petit
! tion omit any land owner interested.
the summons to said interested land
owner may be issued on the applica-
tion of any party in interest, either
by said clerk or by any one of said
road commission, and said summons
may be served in any manner that
notices under the law may now be
served, or in any manner that the
general law allows notices to land
owners to be served under the general
road law. The action of the board of
road commissioners in esta blishing,
changing or disseminating such such
road or refusing to establish, alter,
change or discontinue the same shall
be final, except as to the amount of
damages, for which an appeal may be
had as hereinafter provided, unless
the intention to appeal from such ac-
ton be filed with the chairman of the
road commission within five DAYS
from the day such action or decision
is made, and if so noted an appeal
may be tnken to another commission
composed of two supervisors and one
road commissioner from other dist
riots; provided, that no supervisor or
road commissioner from whose action
an appeal is taken shall be n member
of the commission hearing such APP
peal. When such an appeal is taken
the chairman of the commission
whose action or decision is appealed
from, shall Mt once notify the clerk of
the circuit court, who shall summon
two supervisors and one road commits
sinner from other districts to hear
such appeal, and the said commission
shall hear and decide the matter as if
they were hearing it originally, and
shall enter their decision upon the
merits of the case, giving due regard
to the interests of the applicants and
land owners as well, and from the
decision of such commission there
shall be no appeal except in the mat
ter of damages as herein provided.
When the members of such district
road commission, or either of them,
are personally interested in the open
ing or location of such road, or are
the owners of, or have any interest
in the lands or any portion thereof, or
are closely related to any person so
interested or is so situated i'm his opi-
Mon as to render it improper for him
to pass upon the question of the OPEN
ing or location of such road, change
or discontinuance, then the clerk of
the circuit court of Tazewell county
shall summon from one of the other
districts in said county some other
member of the road commission, who
will act in his place and stead.
FIFTEENTH Should said commits
sion establish n road or make any
change or alterations in same, they
shall assess the damages to the land
owners, and file in the clerk s office
of the circuit court of Tazewell coun-
ty report of their action, with Il
full description of the road establish
ed, alterations made or road discon-
tinued, stating the width and percen-
tage of grade of the road established
or alteration made, and shall also file
plat of the road established or al
terations with said report, and said
report and plat shall be recorded by
the clerk of said court i'm a book kent
for the purpose, and shall notify the
attorney for the Commonwealth of all
damages allowed against the county,
and such damages shall not be pay
able until the Commemorative attor-
ney has been so notified, and such no.
tice entered on the record book of the
board of supervisors; and said report
made by said commission establishing
road or making any changes or al
terations in an existing road shall be
final, except as hereinafter provided,
but any land owners damaged, or the
Commonwealth attorney or board of
supervisors in behalf of the county
shall have the right to appeal to the
circuit court, if the sum reported by
the commission, or commissions, is
deemed by him or any of them INSULT
cient or excessive
If any land holder damaged des Tres
to appeal to the circuit court on the
question of damages, he may, within
thirty days after said report is filed
in the Clerks office of the circuit
court. apply to said circuit court, or
to the judge thereof in vacation. for
an appeal on said question of dana
ges, or the Commemorative attorney
may, in the same manner, when he
thinks the damages allowed excess
i've, take such appeal for the county,
or the board of supervisors may direct
the Commonwealth attorney to take
such appeal, and no bond shall be re-
'quired in any case where the county
| is appellant; and the same shall be