1997 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 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 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 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. 

    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