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CHAPTER 15 • A.G.Op.469-A-15(May 15, Unless a bond issue is involved in a real property purchase,the council has 1967). complete discretion in decisions involving the purchase of real property. The statutes do not require the council to submit the question to voters. Cities may use contracts for deed for both buying and selling real property. A. Vacating publicly-owned utility easements and land dedicated to streets and alleys Minn.Stat.§412.851. Statutory cities and home rule cities of the third and fourth class may Minn.stat.§440.13. abandon ownership or control over all or any part of land they have set aside, dedicated, or used as streets or alleys. In statutory cities, the resolution Minn.stat.§4ao.tis. ordering the vacation must pass by a four-fifths vote of all the members of the Minn.stat.§505,14. council. Vacation is a legislative act, and the city has wide discretion. The Sampson Properties LP v.City city must have a rational basis for denying a petition to vacate,however. of Mendota Heights,2000 wti Vacating a street or alley must be in the public interest. 53385,C9-99-1015(Minn.Ct. App.Jan.25,2000). Hoskin i,.City of Eagan,632 N.W.2d 256(Minn Ct.App 2001). • Minn.Stat.§412.851. When a resolution vacating a street or other public grounds is passed by a Minn.stat.§440.13. statutory city a notice of its passage must be filed with the county recorder. When a resolution is passed by a home rule charter city of the third class, a Minn.Stat.§aao 13s. copy of the resolution must be submitted to the county recorder. There seems to be no similar requirement when a resolution is passed by a home rule charter city of the fourth class. Minn Stat.§462.358,subd.7. A statutory city may also vacate any publicly-owned utility easement or boulevard reserve in the same way streets or alleys are vacated by the type of city involved. The steps for a statutory city to vacate a street or alley are as follows: • The council may initiate the action by resolution or a majority of property owners who abut the land to be vacated may petition for this action. Such petitions probably need signatures from a majority of landowners and from the owners of at least 50 percent of the land area. • The council must hold a public hearing on the proposal, following two weeks published and posted notice. The city must provide written notice to each affected property owner at least 10 days before the hearing. • If the land to be vacated abuts or terminates on any public water, the city must give written notice to the commissioner of Natural Resources. 15-40 HANDBOOK FOR MINNESOTA CITIES This chapter last revised 12/15/2004