03-27-2013 Council Agenda - Laserfiche WebLink

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RELEVANT LINKS: Minn. Stat. § 410.33. See 1landhook. Chapter 4. Minn. Stat. §440.13. Minn. Stat. §140.135 When a city denies a petition for a vacation, the city should also adopt a resolution setting forth the city's reasons for the denial and written findings of fact. As previously discussed, detailed findings build a record necessary to support the city's decision and refute allegations that the decision was arbitrary or capricious. After a resolution granting a vacation is adopted, the city clerk must prepare a notice of completion of the proceedings containing the following: • The name of the city. • Identification of the street vacated. • A statement of the time of completion of the vacation. • A description of the real estate and lands affected thereby. The notice must be presented to the county auditor, who will enter the notice in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice must then be recorded with the county recorder. The county auditor in your county may have a preferred form for the notice of completion in your jurisdiction. It is advisable to check with your county auditor regarding the preferred format at the beginning of a vacation proceeding. Provided that all the other elements of a valid vacation proceeding exist, mere failure to file the notice will not invalidate the vacation. II. Home rule charter cities Many home rule cities have charter provisions that establish a process for the vacation of city streets. If a charter is silent on the issue, the general statutory provisions previously discussed may be used. Home rule charters may supplement, but not contradict state statute. The general rule is that when a charter provision is in conflict with state law, the statutory provision prevails and the charter provision is ineffective to the extent that it conflicts with state policy. Unique statutory provisions favoring petitioners and property owners in home rule charter cities of the fourth- and third -class must also be considered. As discussed below, these provisions only apply in certain limited circumstances. Third- and fourth -class charter cities should consult their attorney regarding the applicability of these provisions to their fact situation. In addition, the League of Minnesota Cities recommends that special attention be given to due process and notice issues, despite the statutes' silence on these issues. League of Minnesota Cities Information Memo: 7/9/2010 Vacation of City Streets 2 3 Page 6