2005 Minnesota Statutes

     412.851 Vacation of streets. 

    The council may by resolution vacate any street, alley, 
 public grounds, public way, or any part thereof, on its own 
 motion or on petition of a majority of the owners of land 
 abutting on the street, alley, public grounds, public way, or 
 part thereof to be vacated.  When there has been no petition, 
 the resolution may be adopted only by a vote of four-fifths of 
 all members of the council.  No vacation shall be made unless it 
 appears in the interest of the public to do so after a hearing 
 preceded by two weeks' published and posted notice.  The council 
 shall cause written notice of the hearing to be mailed to each 
 property owner affected by the proposed vacation at least ten 
 days before the hearing.  The notice must contain, at minimum, a 
 copy of the petition or proposed resolution as well as the time, 
 place, and date of the hearing.  In addition, if the street, 
 alley, public grounds, public way, or any part thereof 
 terminates at, abuts upon, or is adjacent to any public water, 
 written notice of the petition or proposed resolution must be 
 served by certified mail upon the commissioner of natural 
 resources at least 60 days before the hearing on the matter.  
 The notice to the commissioner of natural resources does not 
 create a right of intervention by the commissioner.  At least 15 
 days prior to convening the hearing required under this section, 
 the council or its designee must consult with the commissioner 
 of natural resources to review the proposed vacation.  The 
 commissioner must evaluate: 

    (1) the proposed vacation and the public benefits to do so; 

    (2) the present and potential use of the land for access to 
 public waters; and 

    (3) how the vacation would impact conservation of natural 
 resources.  

 The commissioner must advise the city council or its designee 
 accordingly upon the evaluation.  After a resolution of vacation 
 is adopted, the clerk shall prepare a notice of completion of 
 the proceedings which shall contain the name of the city, an 
 identification of the vacation, a statement of the time of 
 completion thereof and a description of the real estate and 
 lands affected thereby.  The notice shall be presented to the 
 county auditor who shall enter the same in the transfer records 
 and note upon the instrument, over official signature, the words 
 "entered in the transfer record."  The notice shall then be 
 recorded with the county recorder.  Any failure to file the 
 notice shall not invalidate any vacation proceedings. 

    HIST: 1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 
 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 
 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433 
 s 2; 2005 c 4 s 105; 2005 c 117 s 2