Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 433-S.F.No. 1980 
           An act relating to local government; requiring 
          additional notice of various vacation proceedings; 
          amending Minnesota Statutes 1988, section 368.01, 
          subdivision 25; and Minnesota Statutes 1989 
          Supplement, section 412.851. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 368.01, 
subdivision 25, is amended to read: 
    Subd. 25.  [VACATION OF STREETS.] The board of supervisors 
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 
board of supervisors.  No such 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 board 
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 of it, terminates 
at or abuts upon any public water, no vacation shall be made 
unless written notice of the petition or proposed resolution is 
served by certified mail upon the commissioner of natural 
resources at least 30 days before the hearing on the matter.  
The notice to the commissioner of natural resources is for 
notification purposes only and does not create a right of 
intervention by the commissioner.  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 town, 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 the auditor's official 
signature, the words "entered in the transfer record".  The 
notice shall then be filed with the county recorder.  Any 
failure to file the notice shall not invalidate any such 
vacation proceedings. 
    Sec. 2.  Minnesota Statutes 1989 Supplement, section 
412.851, is amended to read: 
    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 such 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 or abuts upon any public water, no 
vacation shall be made unless written notice of the petition or 
proposed resolution is served by certified mail upon the 
commissioner of natural resources at least 30 days before the 
hearing on the matter.  The notice under this subdivision to the 
commissioner of natural resources is for notification purposes 
only and does not create a right of intervention by the 
commissioner of natural resources.  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 filed with the county recorder.  Any failure to file the 
notice shall not invalidate any such vacation proceedings. 
    Presented to the governor April 12, 1990 
    Signed by the governor April 16, 1990, 4:12 p.m.