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.
History: 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