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• CI[ArTER 15 Krebs v Town of N.Beltrami . If,after completing the above steps,the council decides the action is in County,213 Minn.344,6 the public interest, it may vacate the land by passing a resolution. N.W.2d 803(1942). Vacating a street or alley must be in the public interest. See also,13A Dunnell Minn. Digest Municipal Corporations §58.01. After adopting the resolution,the clerk must prepare and present to the county auditor and the county recorder a notice that the council has completed the vacation proceedings. A.G.Op.59-A-53(Jan. 13, When a city lawfully vacates a street,the owner of the abutting property 1977). holds title to the land in the former street(presumably to the centerline) free of easements either in favor of the public or owners of other property abutting Minn.stat.§160.29. on the street. Cities may specify the extent to which a proposed vacation affects existing utility easements,including the right to maintain and continue utility easements. If the city actually owns the dedicated street,the resolution vacating the street does not divest the city of its rights to the property. It still may dispose of the property on which the street was located. It is unusual that a city would own a street; a city does not gain ownership by plat dedication. In re Hull,163 Minn.439,204 An abutting property owner who suffers peculiar damages from the vacation • N.W.534(1925). of the street may be entitled to compensation, but not if the only complaint is that the person must travel further or over a poorer road when going to and from the property. Minn.Scat.§505.14. For streets in private and in certain platted territories,there is also a district In re Verbick,607 N.W.2d 148 court procedure for vacation. The street may be vacated only if it is useless (Minn Ct.App.2000). for its original purpose.The courts broadly construe the terms"useless" and "purpose."Merely showing the street is not presently used is insufficient to show uselessness. Before a court may grant an application,the mayor of the city must receive personal notification of the application at least 10 days before the court intends to hear the application. B. Eminent domain Minn.Stat.§465 01. All cities have the authority to take private property for public use as long as Minn.Stat.§ 117.011. they pay the landowner reasonable compensation. This occurs through a process referred to as eminent domain dr condemnation. All cities must use Minn.stat.ch 117. the process of condemnation found in state law.The property need not be City of Shakopee v.Clark,295 situated within the city's corporate limits. If another public body holds the N W.2d 495(Minn. 1980). property,the city must show a strong necessity for the condemnation. School Dist.No.40 v.Bolstad, 121 Minn.376,141 N.W.801 (1913). • HANDBOOK FOR MINNESOTA CITIES 15-41 This chapter last revised 12/15/2004