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rote <br />INFORMATION MEM <br />O <br />LEA NNOF Vacation of City Streets <br />CITIES <br />Learn how to divest the city of dedicated public streets, alleys, and other public ways and grounds, <br />such as dedicated parks and docks that are no longer needed. Understand steps in the formal <br />vacation process provided by law for this purpose. Contains a checklist for action and sample <br />resolutions for city council action. <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West www.imc.org 4/27/2017 <br />Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2017 All Rights Reserved <br />I. Vacation by resolution of council in <br />RELEVANT LINKS: <br />statutory cities <br />Minn. Stat. § 412.851. <br />Vacation is a legislative act, and the city has wide discretion to abandon or <br />A.G. Op. 377-A-15, (Feb. 6, <br />1962.). <br />maintain a street or other public grounds. State statute governs the <br />In re Schmeidel's Estate, <br />procedure for vacating a street, alley, public grounds or public way in <br />137 N.W. 1110 (Minn. <br />1912). A.G. Op. 396-G-16, <br />statutory cities. A city may also choose to vacate a portion of a street, alley, <br />(Sept. 18, 1958). A.G. Op. <br />public way or public grounds. As streets are the most commonly vacated <br />396-G-16, (May 4, 1954). <br />property, this memo refers only to streets in discussing proper vacation <br />procedures. Unless otherwise noted, the information in this memo is <br />equally applicable to all vacations of alleys, public ways, and other <br />dedicated public grounds. <br />Minn. stat. § 462.358, subd <br />In addition, a separate state statute allows cities to use the street vacation <br />7. <br />process to vacate any publicly -owned utility easement or boulevard reserve <br />not being used for sewer, drainage, electric, telegraph, telephone, gas and <br />steam purposes, or for boulevard reserve purposes. A boulevard reserve is <br />defined as an easement established adjacent to a dedicated street for the <br />purpose of establishing open space adjacent to the street where the area is <br />designated on the recorded plat as "boulevard reserve." <br />A. Procedure for vacation by resolution <br />See Appendix A, Checklist <br />There are several procedural steps a city must follow to vacate a street. <br />for Street Vacation. <br />Leeper v. Hampton Hills, <br />Failure to follow the procedures set out in the statute may invalidate the <br />Inc., 187 N.W.2d 765 (Minn <br />vacation. Use of a dedicated public street may not be discontinued through <br />1971). State v. Great <br />Northern Ry. Co., 131 N.W. <br />any procedure other than a formal, lawful vacation. It is normally not <br />330 (Minn. 1911). <br />possible for a city to simply abandon a street. While potentially <br />Rein v. Town ofspring <br />Lake, 145 N.W. 2d 537 <br />cumbersome, the formality of the process protects a city from allegations it <br />(Minn. 1966). <br />has abandoned a street through minimal use or non -user. <br />This material is provided as general information and is not a substitute for legal advice. Consult your attorney for advice concerning specific situations. <br />145 University Ave. West www.imc.org 4/27/2017 <br />Saint Paul, MN 55103-2044 (651) 281-1200 or (800) 925-1122 © 2017 All Rights Reserved <br />