Right-of-Way Abandonment

Legislative Intent

Council finds and declares that within the city there are one or more streets, alleys and public rights of way that have not, do not or will not in the future serve any public purpose; that exist only by means of appearance on plats or maps of sections of the city; that it would be in the best interest of the city to abandon and vacate such streets, alleys and public rights-of-way, thereby absolving any actual or contingent liability; and that would otherwise permit more appropriate land use within the city thereby promoting orderly development of the city. (Ordinance 543. Passed 7-21-81.)

Procedures for Abandonment

  1. Informal Discussion of Request: Persons wishing to vacate, abandon or annul a public right of way should contact the City Planning Office for informal discussion of proposed action.
  2. Presentation of Application to Planning Commission: After a person has completed the abandonment application he or she shall present the application to the City Planning Office eight days prior to the regular meeting of the Planning Commission along with a petition requesting the abandonment of a public right-of-way.
  3. Planning Commission Review: The Planning Commission shall review the application and petition requesting the abandonment of a public right of way at its regular meeting and inform the applicant of the time, place and date of public hearing on the abandonment request.
  4. Filing Fee and Public Hearing Requirements: The applicant shall deposit a nonrefundable filing fee of $200 with the Planning Office 20 days prior to the public hearing date.
    The applicant shall send a copy of the application along with a notice of the time, place and date of the public hearing to all abutting property owners and any additional property the Planning Commission may feel need notice. Notice shall be sent by registered mail.
  5. Planning Commission Action: After completion of public hearing requirements the Planning Commission shall submit twelve copies of the application to Council along with the Planning Commission recommendation.
  6. Council Action: The applicant shall file a copy of the petition and an ordinance to abandon the right-of-way in the Planning Office eight days prior to the regularly scheduled meeting of Council.

Council shall review the application, recommendation of the Planning Commission, and take appropriate action. Upon approval of the request by Council, the applicant must file a copy of the ordinance with the Clerk of the County Court. The ordinance shall take effect 30 days after passage. (Ordinance 543. Passed 7-21-81.)