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0 <br />LEAGUE OF <br />MINN E SOTA <br />CITIES <br />ATTACHMENT #5 <br />INFORMATION MEMO <br />Vacation of City Streets <br />Learn how to divest the city of dedicated public streets, alleys, and other public ways and grounds, <br />such as dedicated parks and docks that are no longer needed. Understand steps in the formal vacation <br />process provided by law for this purpose. Contains a checklist for action and sample resolutions for <br />city council action. <br />RELEVANT LINKS: <br />Minn. Stat. $ 412.851. <br />A.G. Op. 377 -A -15, (Feb. 6. <br />1962.). <br />Gr re Schmeidel s Estate, 137 <br />N.W. 1110 (Minn. 1912). <br />A.G. Op. 396 -G -16, (Sept_ <br />18, 1958), A.G. Op. 396-6- <br />16. (May 4. 1954). <br />Minn. Stal. § 462.358. subd <br />7. <br />Leeper v. Hampton Hills, <br />Inc., 187 N.W.2d 765 (Minn <br />1971). Stale v. Great <br />Northern Ry. Co.. 131 N.W. <br />330 (Minn. 1911). <br />Rein v. Town of Spring Lake, <br />145 N.W. 2d 537 (Minn. <br />1966). <br />I. Vacation by resolution of council in <br />statutory cities <br />Vacation is a legislative act, and the city has wide discretion to abandon or <br />maintain a street or other public grounds. State statute governs the procedure <br />for vacating a street, alley, public grounds or public way in statutory cities. <br />A city may also choose to vacate a portion of a street, alley, public way or <br />public grounds. As streets are the most commonly vacated property, this <br />memo refers only to streets in discussing proper vacation procedures. Unless <br />otherwise noted, the information in this memo is equally applicable to all <br />vacations of alleys, public ways, and other dedicated public grounds. <br />In addition, a separate state statute allows cities to use the street vacation <br />process to vacate any publicly -owned utility easement or boulevard reserve <br />not being used for sewer, drainage, electric, telegraph, telephone, gas and <br />steam purposes, or for boulevard reserve purposes. A boulevard reserve is <br />defined as an easement established adjacent to a dedicated street for the <br />purpose of establishing open space adjacent to the street where the area is <br />designated on the recorded plat as "boulevard reserve." <br />A. Procedure for vacation by resolution <br />There are several procedural steps a city must follow to vacate a street. <br />Failure to follow the procedures set out in the statute may invalidate the <br />vacation. Use of a dedicated public street may not be discontinued through <br />any procedure other than a formal, lawful vacation. It is normally not <br />possible for a city to simply abandon a street. While potentially <br />cumbersome, the formality of the process protects a city from allegations it <br />has abandoned a street through minimal use or non -user. <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West <br />Saint Paul, MN 55103 -2044 <br />wanv.lmcorg <br />(651)281- 12408or (800) 925 -1122 <br />7/9/2010 <br />© 2012 All Rights Reserved <br />