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CHAPTER 16 <br /> • The council must hold a public hearing on the <br /> proposal following two weeks published and posted <br /> notice.The city must provide written notice to each <br /> affected property owner at least 10 days before the <br /> hearing. <br /> • If the land to be vacated abuts or terminates on any <br /> public water,the city must give written notice to the <br /> commissioner of natural resources. <br /> Krebs v.Town of Northern • If,after completing the above steps,the council <br /> Beltrami County,213 Minn. decides the action is in the public interest,it may <br /> 344,6 N.W.2d 803(1942).See <br /> also, 13A Dunnell Minn.Digest vacate the land by passing a resolution. Vacating a <br /> Municipal Corporations§ street or alley must be in the public interest. <br /> 58.01. <br /> • After adopting the resolution,the clerk must prepare <br /> and present to the county auditor and the county <br /> registrar of deeds,a notice that the council has <br /> completed the vacation proceedings. <br /> A.G.OP.59A-53(Jan. 13, When a city lawfully vacates a street,the owner of the abutting <br /> 977). property holds title to the land in the former street,presumably <br /> to the center line,free of easements either in favor of the <br /> public or owners of other property abutting on the street.Cities <br /> • may specify the extent to which a proposed vacation affects <br /> existing utility easements, including the right to maintain and <br /> continue utility easements. <br /> Minn.Stat.§ 160.05,§ 160.29. However,when a piece of land was formerly a platted street <br /> but the city vacated the street,its prior status would not <br /> prevent a dedication by statutory user if the city maintained it <br /> for six years. <br /> If the city actually owns the dedicated street,the resolution <br /> vacating the street does not divest the city of its rights to the <br /> property. It still may dispose of the property on which the <br /> street was located. It is unusual that the city would own a <br /> street; a city does not gain ownership by plat dedication. <br /> In re Hull, 163 Minn.439,204 An abutting property owner who suffers peculiar damages <br /> N.W.534(1925). from the vacation of the street is entitled to compensation,but <br /> not if the only complaint is that the person must travel further <br /> or over a poorer road when going to and from the property. <br /> Minn.Stat.§505.14. For streets in private and certain platted territories, there is also <br /> a district court procedure for vacation. Before a court may <br /> grant an application,however, the mayor of the city must <br /> receive personal notification of the application at least 10 days <br /> before the court intends to hear the application. <br /> 403 <br />