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<br />e <br /> <br />501 <br /> <br />STATUTORY CITIl'.S 411.861 <br /> <br />. <br /> <br />412.851 VA.CA.TION OF STREETS. <br /> <br />The council may by resolution vacate any street, alley, public grounds, public way, <br />or any part thereof, on its own motion or on petition of a majority of the owners ofIand <br />abutting on the street, alley, public grounds, public way, or part thereof to be vacated. <br />When there has been no petition, the resolution may be adopted onlY by a vote offour- <br />fifths of all members of the council. No such vacation shall be made unless it appears <br />in the interest of the public to do so after a hearing preceded by two weeks' published <br />and posted notice. The council shall cause written notice of the hearins to be mailed <br />to each property owner affected by the proposed vacation at least ten days before the <br />hearing. The notice must contain, at minimum, a copy of the petition or proposed res0- <br />lution as well as the time, place, and date of the bearing. In addition, if the street, alley, <br />public grounds, public way, or any part thereof terminates at or abuts upon any pub- <br />lic water, no vacation shall be made unless written notice of the petition or proposed <br />resolution is served by certified mail upon tbe. commissioner of natural resources at <br />least 30 days before the hearing on the matter. The notice to the commissioner ofnatu- <br />ral resources is for notification purposes only and does not create a right of intervention <br />by the commissioner. After a resolution of vacation is adopted, the clerk shall prepare <br />a notice of completion of the proceedings which shall contain the name of the city, an <br />identification of the vacation, a statement of the time of completion thereof and Ii <br />description of the real estate and lands affected thereby. The notice shall be presented <br />, to the county auditor who shall enter the same in tl)e transfer records and note upon <br />Ihe instrument, over official signature, the words ~entered in the transfer record." The <br />notice shall then be filed with the county recorder. A.ny failure to file the notice shall <br />not invalidate any such vacation proceedings. <br /> <br />History: 1949 c 119 s 102,' 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969 <br />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 <br />c 183 s 4; 1990 c 433 s 2 <br /> <br />. <br /> <br />C,Xh'brt l. "'i <br />