03-27-2013 Council Agenda - Laserfiche WebLink

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RELEVANT LINKS: Minn. SIIlI. § 440.13. A.0 Op. 396 -C -I (May 22, 1961). A.C. Op- 396 -C -18, (May 16. 1958). See Section II -A -2 above. Elzler v. Mondale, 123 N.W.2d 603 (Minn. 1963). A. Fourth -class charter cities A home rule charter city of the fourth class, (i.e., cities with a population of 10,000 or less), notwithstanding any contrary charter provision, must follow a separate statute in vacating any street or highway "wherein one end of the street or highway, or part thereof proposed to be vacated does not connect with any other street or highway" (i.e.,. a "dead -end" street). The statute provides stringent protections to property owners in home rule charter cities of the fourth class who live on such "dead -end" roads. These roads may only be vacated when all the owners of lands abutting both sides of the street or highway have signed a petition requesting the vacation. The Minnesota Attorney General has limited the application of this statute to "streets and highways." As a result, the Minnesota Attorney General does not believe the protections of the statute apply to property owners on dead - end alleys. Presumably, such protections do not apply to property owners on other types of dead -end public grounds or public ways. This unique statute for fourth class charter cities does not require a public hearing or published notice of the vacation in the manner otherwise required under the general vacation statute. However, the League recommends the city provide notice to the affected public of the proposed vacation for due - process reasons. In addition, the League recommends the city hold a public hearing providing affected parties an opportunity to comment on the vacation. While the statute does not explicitly require notice and a hearing, Minnesota courts have imposed such due process considerations in the past under the 14th Amendment of the U.S. Constitution. The statute also does not require a finding of public benefit as discussed above. However, the permissive language of the statute does not require the city to vacate the street or highway upon receipt of a lawful petition. The city's refusal to grant a vacation in such circumstances will be upheld by the courts unless it appears that the evidence is practically conclusive against the city, or that the city proceeded on an erroneous theory of law, or that it acted arbitrarily and capriciously against the best interests of the public. Finally, if the dead end road terminates at or abuts upon any public water, the petitioners who are requesting the vacation must serve notice of the petition by certified mail upon the Commissioner of Natural Resources at least 30 days before the council hearing on the matter. The notice is for notification purposes only and does not create a right of intervention by the Commissioner. League of Minnesota Cities Information Memo: 7/9/2010 Vacation of City Streets 24 Page 7