03-27-2013 Council Agenda - Laserfiche WebLink

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RELEVANT LINKS: A CL Op. 396-G-16. (Oct 22 1958) A.G. Op. 377 -A -15, (Feb. 5, 1962)..A G. Op. 396 -G -16. (Oct. 22. 1953), A.O. Op. 396 -G -I, (March 9, 1955). A. G. Op. 396 -G -16, (July 22. 1953). A.G.Op. 396-C -13, (Sept. 2(3, 1953). 1. Starting a street vacation There are two methods for commencing a vacation. Council on its own motion may start the vacation process. However, a resolution for a vacation commenced by the city council on its own motion must be passed by a four - fifths vote of all members of the council. A majority of the owners of land abutting the street to be vacated may also initiate a vacation by petition. However, since the language of the statute is permissive, the city council is not required to vacate a street simply because a valid petition is received. The decision to act on a petition is a discretionary act of the council. Once the city receives a petition for a vacation, the city must confirm that the petition sufficiently complies with the requirements of the law. Specifically, the city must confirm that the petition has been signed by the correct number of abutting property owners. a) When is a property considered to abut a proposed vacation? A property owner is considered to "abut," if their land is touching, reaching, joining, bordering on, or contiguous with the street to be vacated. b) What constitutes a majority of abutting landowners? The requirement that a "majority of owners of land" sign the petition means that a majority of individuals having property interests in the land abutting the street to be vacated must sign the petition. This requirement does not mean owners representing a majority of the abutting property. For example if there are four property owners abutting a street to be vacated, three must sign the petition. In this scenario, it would not matter if one of the four owners owned 90 percent of the land abutting the street. Despite the substantial property interest of one of the abutting owners (representing a majority of abutting property on the street), three property owners must still sign the petition. Married persons often own property as "joint tenants" or as "tenants in common." Normally, a joint tenancy creates two property interests. A tenancy in common may create two or more property interests. These interests are counted separately as owners for the purposes of determining the number of abutting landowners. For example, on a street with four abutting properties, each held by two persons as joint tenants, the number of ownership interests is eight (even though there are only four properties). The signatures needed to constitute a majority of abutting owners on this street would be five. League of Minnesota Cities Information Memo: 7/9/2010 Vacation of City Streets Page 2 19