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ORGANIZA
<br />ject to the code'
<br />-ms were revised,
<br />dded, and the st
<br />:o reflect the ch
<br />TUTORY CITIES
<br />§ 412.851
<br />her than the official paper of the village. official newspaper as designated in § 412.191
<br />Gen., 314b-23, Jan. 30, 1959. and this section. Op.Atty.Gen., 277-13-1, Sept.
<br />me village council desired to publish min- 11, 1951.
<br />council proceedings, publication was in
<br />41. Repealed by Laws 1976, c. 44, § 70, eff. March 13, 1976
<br />Historical and Statutory Notes
<br />412.851. Vacation of streets
<br />section, which related to de-
<br />The
<br />Laws 1949, § 101.
<br />Atty.Gen., 441-H,1161
<br />Y,�ay
<br />-repealed
<br />4struction of village records, was derived from:
<br />Laws 1976, c. 44, contained a stated purpose
<br />determine
<br />lLaws
<br />1973, c. 123, art. 2, § 1.
<br />indicating that the act would which
<br />be
<br />-act between avillageadopted
<br />Laws 1965, c. 45, § 57.
<br />laws formerly applicable to cities would ex-
<br />i 4
<br />hal 1 be made unless it appears in the interest of the public to do so after a
<br />1961, c. 494, §§ 1, 2.
<br />tended to municipalities formerly designated as
<br />March 19, 1962
<br />..Laws
<br />T aws 1953, c. 735, § 11.
<br />villages.
<br />1>
<br />412.851. Vacation of streets
<br />council may by resolution vacate any street, alley, public grounds, public
<br />Atty.Gen., 441-H,1161
<br />Y,�ay
<br />.The
<br />'''' _
<br />or any part thereof, on its own motion or on_petition of a majority of the
<br />t
<br />owners of land abutting on the street, alley,. public grounds public way, or part
<br />newspaper
<br />y, thereof to b' vacated. When there has been no petition, the resolution may be
<br />-act between avillageadopted
<br />only by a vote of four-fifths of all members of the council. No vacation
<br />&
<br />could properly change
<br />i 4
<br />hal 1 be made unless it appears in the interest of the public to do so after a
<br />ficial newspaper ata
<br />:ouncii meeting of th
<br />rearing preceded by two weeks'"published and posted notice The council shall
<br />March 19, 1962
<br />cause: written notice of the hearing to be mailed to each property owner
<br />published—in affected by the proposed vacation at least ten days before the hearing. The
<br />geriei
<br />"notice must contain, at minimum, a copy of the petition or proposed resolution
<br />xu.
<br />aper within a villag
<br />as;well as the time, place, and date of the hearing. In addition, if the street,.
<br />for of the villa, d"
<br />g an-
<br />� ., '
<br />''
<br />alley, public grounds, public way, or any part thereof terminates at, abuts upon,
<br />esignated another pa
<br />ie official ne spa
<br />IUF,a16 adjacent to any public water, written notice of the petition or proposed
<br />I publications of they
<br />W esolution must be served by certified mad" upon the commissioner of natural
<br />paper, but published
<br />not required by laws
<br />a -. _ -- __ _
<br />resources at least 6� days before the hearing on the matter. The notice to the
<br />_ - -
<br />vs a er of the ma oc,; _
<br />. X_. _
<br />r. �co�rrrrssroner of natural resources does not create a right of intervention by the
<br />ioPpPoperly autho �Ze
<br />commissioner. At least 15 to converting prior in days the hearing required under
<br />p g.
<br />mayor for material
<br />op.Atty.Gen., 277b 1}:.
<br />this section, the council orits designee must consult with the commissioner of
<br />natural resources to review the proposed vacation. The commissioner must
<br />uired by law to be
<br />evaluate:
<br />�r``(1) the proposed vacation and the public benefits to do so;
<br />.quired to be publis
<br />per after its adoption: ,
<br />(2) the present and potential use of the land for access to public waters; and
<br />Id if there was a legal, {'
<br />;ulation in village alp X (3) how the vacation would impact conservation of natural resources.
<br />rein, council was re
<br />paper as its official
<br />¢The commissioner must advise the city council or its designee accordingly upon
<br />noes were to be pub,
<br />the evaluation. After a resolution of vacation is adopted, the clerk shall
<br />gin., 277-B-4, Oct 27r,
<br />repare a notice of completion of the proceedings which shall contain the name
<br />P
<br />� ' the city, an identification of the vacation, a statement of the time of
<br />rigs, required by law4
<br />completion thereof and a description of the real estate and lands affected
<br />thereby. The notice shall be presented to the county auditor who shall enter
<br />lot properly delegate:
<br />the.`same in the transfer records and note upon the instrument, over official
<br />erk to publish at hist
<br />ie council in newspasrgnature,
<br />the words "entered in the transfer record." The notice shall then be
<br />z "a.;
<br />281
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