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CHAPTER 16 <br /> <br />.%.(].Op. ~g-A-53 (.lan, 13. <br />1977} <br /> <br />In r,? I-hn'l. 163 Mmn <br />NW 5)4 ~ <br /> <br />Nhml Sial ~)5 J4. <br /> <br />/n re l',:'rb~ck. 007 N W 2d I~ <br /> <br />%,hnn Stat '{ <br /> <br />N'Iiiii~ '~UiL C~q II 7 <br /> <br />x'.A' Zct 495 eM,.. <br />,it Mmn )7o. i~; NW 801 <br /> <br />If'. after completing the above steps, the council decides ~che action is in <br />the public interest, it may vacate-file land by passing a resolution. ' <br />Vacating a street or alley must be in ~he public interest. <br /> <br />· After adopting the resolution, the clerk must prepare and present to the <br /> coun~ auditor and the county recorder a notice that the council has <br /> completed the vacation proceedings. <br /> <br />When a city lawfully vacates a street, the owner of the abutting property <br />holds title to the land in the longer street (presumably to the centertine) flee <br />of easements either in favor of the public or owners of other property abutting <br />on the street. Cities may specif',v the extent to "which a proposed vacation <br />affects existing utility easements, including the right to maintain and continue <br />utility easements. <br /> <br />[f the city actually owns the dedicated street, the resolution vacating the street <br />does not divest the city, of its rights to the property. It still may dispose of tl~e <br />property on which the street was located, it is unusual that a ci~ would own a <br />street; a cty does not gain ownership by plat dedication. <br /> <br />An abutting property owner who suffers peculiar damages from the vacation <br />of the street may be entitled to compensatiom but not if the only compiain~ is <br />that the person must travel further or over a poorer road when going to and <br />from the property. <br /> <br />For streets in private and in certain platted territories, there is also a distric~ <br />court procedure for vacation. The street may be vacated only if it is useless <br />for its original purpose. The courts broadly construe the terms "useless" and <br />"purpose." Merely showing the street is not presently used is insufficient to <br />show uselessness. Before a court may grant an application, the mayor of the <br />city tTluSt receive personal notification-of the application at least 10 days <br />before the court intends to hear the application. <br /> <br />B. Eminent domain <br /> <br />All cities have the authori~' to take private property for public use as long as <br />they pay the landowner reasonable compensation. This occurs through a <br />process referred to as eminent domain or condemnation. All cities must use <br />the process of condemnation found in state law. The property need not be <br />situated within the city's corporate limits. If'another public body hoids the <br />property, the citw must shOW a strong necessity ~br the condemnation. <br /> <br />:;,:')IL MINNIZSO'[ :, f_'FnES <br /> <br />Fins chapmr Just revised <br /> <br />111 <br /> <br /> <br />