03-27-2013 Council Agenda - Laserfiche WebLink

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RELEVANT LINKS: Minn. Stat. 5 505 -14. Minn. Stat. 505.14. Petition of Krebs, 6 N.W.2d 803 (Minn. 1942). Batinich v. Harvey, 277 N.W.2d 355 (Minn., 1979). Application ofAvant- Garde, Inc., 481 N.W.2d 379 (Minn.Ct.App. 1992). III. Vacation of platted lands upon court order A. Introduction Minnesota Statutes provide an additional method for vacation of platted streets, alleys or public grounds through the court system rather than through petition to the city council. It is difficult to imagine any circumstances under which a city would itself utilize this procedure to vacate a street under its exclusive jurisdiction. However, cities may need to familiarize themselves with this procedure in the instance where a member of the public chooses to pursue a court- ordered vacation (as opposed to a petition to the city council). It is important to note that these provisions may be inapplicable in certain charter cities. The statute explicitly states that the district court cannot vacate or alter a platted street dedicated to the public use in any city organized under a charter or special law that provides a method of procedure for vacation by the municipal authorities of the city. B. Procedure for obtaining a court- ordered vacation A person seeking vacation of a platted street may use either the provisions discussed previously for a petition to the city for a vacation or may choose to apply directly to the district court for a vacation. Petitioners are not required to petition the city for the vacation first, before approaching the courts. A petitioner seeking a vacation from the district court must provide personal notice of the petition to the mayor of the city where the street to be vacated is situated. The petitioner must also provide additional personal and published notice to land owners within the platted area and to the commissioner of Natural Resources, if the land terminates at, abuts upon, or is adjacent to any public water. Upon proper petition and notice, the district court has broad power to "vacate or alter all or any part, of the plat, and adjudge the title to all streets, alleys, and public grounds to be in the persons entitled thereto." In addition, the district court may determine damages and award compensation to all persons owning or occupying land affected by the proposed vacation. When the lands to be vacated are "streets or alleys connecting separate plats or lying between blocks or lots or providing access for the public to any public water," the court cannot grant the vacation unless the facts indicate that the land to be vacated is "useless for the purpose for which it was laid out." This standard has been extended to include parks and other public grounds by the courts. League of Minnesota Cities Information Memo: 7/9/2010 Vacation of City Streets 26 Page 9