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RELEVANT LINKS: <br />Setting a Public Hearing on <br />a Street Vacation, LMC <br />Model Resolution. <br />Vacating a Street, LMC <br />Model Petition. <br />Declaring Sufficiency of <br />Petition and Setting a <br />Public Hearing, LMC <br />Model Resolution. <br />A.G. Op. 396-G-16, (Oct. <br />22, 1958). <br />A.G. Op. 377-A-15, (Feb. 5, <br />1962). A.G. Op. 396-G-16, <br />(Oct. 22,1958). A.G. Op. <br />396-G-1, (March 9, 1955). <br />A.G. Op. 396-G-16, (July <br />22, 1953). A.G. Op. 396-C- <br />18, (Sept. 28, 1953). <br />1. Starting a street vacation <br />There are two methods for commencing a vacation. Council on its own <br />motion may start the vacation process. However, a resolution for a vacation <br />commenced by the city council on its own motion must be passed by a <br />four-fifths vote of all members of the council. <br />A majority of the owners of land abutting the street to be vacated may also <br />initiate a vacation by petition. However, since the language of the statute is <br />permissive, the city council is not required to vacate a street simply <br />because a valid petition is received. The decision to act on a petition is a <br />discretionary act of the council. <br />Once the city receives a petition for a vacation, the city must confirm that <br />the petition sufficiently complies with the requirements of the law. <br />Specifically, the city must confirm that the petition has been signed by the <br />correct number of abutting property owners. <br />a. When is a property considered to abut a proposed <br />vacation? <br />A property owner is considered to "abut," if their land is touching, <br />reaching, joining, bordering on, or contiguous with the street to be vacated. <br />b. What constitutes a majority of abutting landowners? <br />The requirement that a "majority of owners of land" sign the petition <br />means that a majority of individuals having property interests in the land <br />abutting the street to be vacated must sign the petition. This requirement <br />does not mean owners representing a majority of the abutting property. For <br />example, if there are four property owners abutting a street to be vacated, <br />three must sign the petition. In this scenario, it would not matter if one of <br />the four owners owned 90 percent of the land abutting the street. Despite <br />the substantial property interest of one of the abutting owners (representing <br />a majority of abutting property on the street), three property owners must <br />still sign the petition. <br />Married persons often own property as "joint tenants" or as "tenants in <br />common." Normally, a joint tenancy creates two property interests. A <br />tenancy in common may create two or more property interests. These <br />interests are counted separately as owners for the purposes of determining <br />the number of abutting landowners. For example, on a street with four <br />abutting properties, each held by two persons as joint tenants, the number <br />of ownership interests is eight (even though there are only four properties). <br />The signatures needed to constitute a majority of abutting owners on this <br />street would be five. <br />League of Minnesota Cities Information Memo: 4/27/2017 <br />Vacation of City Streets Page 2 <br />