03-27-2013 Council Agenda - Laserfiche WebLink

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RELEVANT LINKS: Minn. Slat. § 440.135. Etzler v. Mondale, 123 N.W.2d 603 (Minn. 1963). A.O. ()p. 396-C-I (Nov. 23. 953). B. Third -class charter cities A home rule charter city of the third class (i.e., a city with more than 10,000 in population, but Less than 20,000) possesses an additional unique power of vacation. Upon the petition of any one owner, natural or corporate, of any real estate abutting a street, a city council may vacate a street, segment or portion of a street so long as the street to be vacated is not longer than the distance intervening between any two adjacent intersecting streets. If the street to be vacated terminates at or abuts upon any public water, the petitioners requesting the vacation must serve notice of the petition by certified mail upon the commissioner of Natural Resources at least 30 days before the city council hearing on the matter. The notice is for notification purposes only and does not create a right of intervention by the commissioner. The vacation of any street or segment under these provisions cannot destroy or interfere with the right of any person, corporation or municipality owning or having control of any electric light or telephone pole or lines existing upon such street at the time of the vacation, or with any sewer or water pipes, mains or hydrants thereon or thereunder to enter upon such street or portion thereof vacated for the purpose of repairing the same or otherwise attending thereto. City council action on the petition for vacation under this unique statute may be taken at any regular or special meeting duly called for considering the vacation. The statute does not require a public hearing or published notice of the vacation. 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 on the vacation, providing affected parties an opportunity to comment on the vacation. While the statute does not 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. Approval of the vacation under these provisions must be by resolution. A copy of the resolution, duly certified by the city clerk, must be recorded in the office of the county recorder in the county where such city is located before the action is effective. The Minnesota Attorney General has limited the application of the statute to "streets" quoting the narrow language of the statute. As a result, the attorney general does not believe the procedure for vacation of streets under Minn. Stat. § 440.135 can be used to vacate alleys. Presumably, it also does not apply to other types of public grounds or public ways. League of Minnesota Cities Information Memo: 7/9/2010 Vacation of City Streets z 5 Page 8