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/" - ( \ property owner to sen, however, does not mean the council has the right to institute eminent domain proceedings.77 The councll must decide whether it should exercise the right of eminent domain and begin condenmation proceed- ings.78 To acquire property by eminent domain, cities must follow the procedure in the comprehensive eminent domain law. 79 Under that law, the council begins pro~ ceedtngs, normany by resolution. The city must then roe a petition with the district court. If the court detennines that the purpose 18 an authorized public purpose, it appoints commissioners to appratse damages. The parties may appeal the commissioners' award. When one city needs part of a tract of land for some public purpose and some other city needs other parts for a publ1c purpose, they may enter into an agree~ ment for joint acquisition of the land by eminent domain. 80 A city may condemn land that another public body holds. but only if it can show a strong necessity for the condemnation.81 ( RaOCATlON AND APPRAISAL FEES The City must pay relocation assistance and beneftts83 to residents or businesses the city displaces through eminent do- main or by purchase of property if federal relocation assistance and benefits are not available. sa This Is a cost of almost every acquisItion and the council should con- sider it in making a decision to acquire land. In some limited circumstances. owner-occupants may waiVe relocation benefits. at The purchase of property with the proceeds of industrial revenue bonds does not constitute an acqUisition which would require payment of relocation benefits. as Also, utilities forced to move from a right-of-way do not qua1i1Y for relocation benefits.8Ø In both acquisitions by purchase and by eminent domatn, the owner Is entitled to reimbursement for appraisal fees. not to exceed $500, if the owner Is otherwise entitled to reimbursement under federal law. The city, as purchaser. must inform ' the owner of the right. If any, to reim- bursement for appraisal fees. together with relocation costs. moving costs. and I". CHAPTER 18 any other related expenses to which an owner is entitled under federallaw.tr1 Advertising Devices Cities cannot remove lawfully erected advertising devices until the City has acquired an rights In the property.88 A city cannot use amortization. However. this law affects only signs adjacent to high- ways.. Vacating Publicly Owned Utility Easements and Land Dedicated to Streets and Alleys Statutory cities and home rule cIties of the third and fourth class may abandon ownership or control over all or any part of land they have set asi~éd1cated. or used as streets or alleys, A statutory city may also vacate any publicly owned utility easement or boulevard reserve.91 The steps are as follows: · The council may initiate the action by resolution, or a majority of property owners who abut the land to be vacated may petition for this action. Such petitions probably need . signatures from both a majority of landowners and the owners of at least 50 percent of the land area. 82 J · The council must hold a public hearing on the proposal following two weeks' publ1shed and posted notice, The city must provide written noUce to each atfected property owner at ]east 10 days before the hearing. · If the land to be vacated abuts or teI1J1jnates on any public water. the City must give written notice to the commissioner of natural resources. · If. after completing the above steps. the council decides that the action is in the public interest. it may vacate the land by passing a resolution. i Vacating a street or alley must be in the public interest, as · Mer adopting the resolution, the clerk must prepare and present to the county audttor and the county register of deeds a notice that the council has completed the vacation proceedings. When a city lawfully vacates a street. the owner of abutUng property holds title to the land in the fanner street, presum· 247