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LEAGUE OF MINNESOTA Vacation of City Streets CITIES ATTACHMENT #5 INFORMATION MEMO Learn how to divest the city of dedicated public streets, alleys, and other public ways and grounds, such as dedicated parks and docks that are no longer needed. Understand steps in the formal vacation process provided by law for this purpose. Contains a checklist for action and sample resolutions for city council action. RELEVANT LINKS: Minn. Stat. $ 412.851. A.G. Op. 377 -A -15, (Feb. 6, 19662.). In re Sclancldc/'tEstatc, 137 N.W. 1l 10 (Minn. 1912). A.G. Op. 396-G16, (Sept. 18, 1958) A.G. Op. 396G- le, (May 4,1954). Minn. Sat. 462.358, subd 7. Leeper v. nanrpron Mils, inc., 187 N.W.2d 765 (Minn 1971). Stare v. Great Northern Ry. Co., 131 N.N. 330 (Minn. 1911). Rein v, Town ofShnng Lake, 145 N.W. 24 537 (Minn. 1966). I. Vacation by resolution of council in statutory cities Vacation is a legislative act, and the city has wide discretion to abandon or maintain a street or other public grounds. State statute governs the procedure for vacating a street, alley, public grounds or public way in statutory cities. A city may also choose to vacate a portion of a street, alley, public way or public grounds. As streets are the most commonly vacated property, this memo refers only to streets in discussing proper vacation procedures. Unless otherwise noted, the information in this memo is equally applicable to all vacations of alleys, public ways, and other dedicated public grounds. In addition, a separate state statute allows cities to use the street vacation process to vacate any publicly -owned utility easement or boulevard reserve not being used for sewer, drainage, electric, telegraph, telephone, gas and steam purposes, or for boulevard reserve purposes. A boulevard reserve is defined as an easement established adjacent to a dedicated street for the purpose of establishing open space adjacent to the street where the area is designated on the recorded plat as "boulevard reserve." A. Procedure for vacation by resolution There are several procedural steps a city must follow to vacate a street. Failure to follow the procedures set out in the statute may invalidate the vacation. Use of a dedicated public street may not be discontinued through any procedure other than a formal, lawful vacation. It is normally not possible for a city to simply abandon a street. While potentially cumbersome, the formality of the process protects a city from allegations it has abandoned a street through minimal use or non -user. This material is provided as general Information and is not a substitute for legal advice, Consult your attomey for advice concerning specific situations. 145 University Avo. West Saint Paul, MN 55103-2044 vnva.lmc.org (551) 281.129.(bor (800) 925-1122 23 7/012010 02012 All Rights Reserved