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ITUTORY CITIES
<br />ely in trust for the public, and, under normal
<br />umstances a village could not require reverting to
<br />on of an owner acquiring property
<br />as the result of the vacation of a street,
<br />if
<br />the lvillage would absolutely
<br />authorized h
<br />rized
<br />y to sell
<br />h property. Op.Atty.Gen., 396g -16, Sept. 9,
<br />S.
<br />'It appears that M.S. § 412.851 is the preferred
<br />Hoer by which a platted alley in a village may
<br />vacated. M.S. § 505.14 provides for a district
<br />at adjudication to vacate platted streets, alleys,
<br />3 public grounds, but numerous problems may
<br />se in an action under this section. See Krebs v.
<br />wn of Northern, 213 Minn. 344, 6 N.W. (2d)
<br />3 (1942)7 Op.Atty.Gen., 3460-1, March 4,
<br />63.
<br />Where portion of trunk highway lying within
<br />sporate limits of a village had been released and
<br />served to the village under the provisions of
<br />bd. 4 of § 161.16, village could only release the
<br />nil in right his section. following
<br />Op.Atty.G n.. procedure uy
<br />"Die 1962 part thereof in the first
<br />words any pt
<br />mterCe t of this s section clearly give village council 1958.
<br />uthority to vacate a portion of the width of a _
<br />;rat es well as a portion of the length thereof. was Where
<br />feet only the
<br />was west 15 feetoof owner of which
<br />1p.Aetition+ n general Sept. 18, 1958.
<br />- Petitions, in general on east side of avenue was not an "abutting
<br />Village could properly initiate a petition to owner" within meaning,of this section. Id.
<br />alley which abutted its property, and as
<br />'nd,the the property owner
<br />a desire es petition to vacate the allege and then, bordering a portion of the vacated street pay by
<br />n the presence of the council, for the mayor to special assessments for improvements that have
<br />1, 1963. the petition. Op.Atty.Gen., 3466 -1, March Pa
<br />already been put in, however under § 429.051 the
<br />1, 1963. village could specially a esc such added portion if
<br />tinder eby this underlying a petition a vacate 1 street it determined to reimburse itself for portions of
<br />major by the but ins o owners, , owner, but not by the
<br />majority of abutting owners. would not be suffi- the cost of an improvement Sept. 9, 1965. the village.
<br />dent OpAttY.Gen., 377a -IS, Feb. 5, 1962. Op.Atty.Gen„ 396g -16,
<br />112.861. Prosecutions, violations of ordinances
<br />Subdivision 1. Complaint All prosecutions for violation of ordinances shall be
<br />brought in the name of the city upon complaint and warrant as in other criminal cases if
<br />the which be arrested
<br />qui ed to without
<br />plead, a warrant shall complaint sue'thereon. The warrant and
<br />al other process shall in such police officer, marshal,
<br />all other process in such cases shall be directed for service to any po
<br />process officer, court officer, or constable of any town -Or city in the county, to the sheriff
<br />of the county, or all of them:`
<br />Subd. 2. Form and contents of—complaint It shall be a sufficient pleading of the
<br />ordinances or resolutions of the city to refer -to them by section and number or chapter.
<br />They shall have the effect of general laws within, the city and need not be given
<br />evidence upon the trial of civil or criminal actions. 'Judgment shall be given, if for the
<br />plaintiff, for the amount of fine, penalty, or forfeiture imposed, with costs; and the
<br />Judgment shall direct that,-in default of payment, the defendant be committed to the
<br />county jail for such time, not exceeding 90 days, as the court shall see fit. The
<br />commitment shall state the amount of judgment, the costs, and the period of commitment.
<br />Every person so committed shall be received by the keeper of the jail and kept, at the
<br />expense of the county, until lawfully discharged. The committing court may release the
<br />defendant at any time upon payment of the fine and costs,
<br />§ 412.861
<br />3. Majority of owners
<br />Village, which had only highway easements in
<br />street and alley bounding portion of avenue to be
<br />vacated, was not an ••owner • of land abutting on
<br />the portion of the avenue to be vacated within
<br />meaning of this section. Op.Atty.Gen.,. 396-0-
<br />16. Oct. 22, 1958.
<br />Word "majority" in this section relates to num-
<br />ber of owners rather than to lineal feet of land
<br />frontage, and hence this section requires petition
<br />to be made by a numerical majority of the owners
<br />of the land abutting on part of street to be vacat-
<br />ed. Id
<br />5. Public Interest vacation
<br />If public interests will be advanced by
<br />of portion of village street, it i of
<br />served consequence
<br />that private interests may rcod Ab q vaca-
<br />tion of a portion of the street. Op.Atty.Gen.,
<br />396 -G_16, Sept. 18, 1958.
<br />8. Ahutting land
<br />Words "abutting on" in this section mean
<br />touching. reaching, joining, bordering on, 000n-
<br />tiguous with. Op.Atty.Gen., 396-G-16, Oct. 22,
<br />sate an ey w i rt • a 9. Assessments
<br />matter of procedure it would probably be proper A village may not require as a consideration for
<br />or the council to first piss a resolution t g the vacation of a street that proie
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