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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 4/27/2017 <br />Vacation of City Streets Page 6 <br />After a resolution granting a vacation is adopted, the city clerk must <br />prepare a notice of completion of the proceedings containing the following: <br />• The name of the city. <br />• Identification of the street vacated. <br />• A statement of the time of completion of the vacation. <br />• A description of the real estate and lands affected thereby. <br />The notice must be presented to the county auditor, who will enter the <br />notice in the transfer records and note upon the instrument, over official <br />signature, the words "entered in the transfer record." The notice must then <br />be recorded with the county recorder. The county auditor in your county <br />may have a preferred form for the notice of completion in your jurisdiction. <br />It is advisable to check with your county auditor regarding the preferred <br />format at the beginning of a vacation proceeding. <br />Provided that all the other elements of a valid vacation proceeding exist, <br />mere failure to file the notice will not invalidate the vacation. <br />II. Home rule charter cities <br />Minn. stat. § 410.33. <br />Many home rule cities have charter provisions that establish a process for <br />the vacation of city streets. If a charter is silent on the issue, the general <br />statutory provisions previously discussed may be used. <br />See Handbook, The Home <br />Home rule charters may supplement, but not contradict state statute. The <br />Rule Charter City. <br />general rule is that when a charter provision is in conflict with state law, <br />the statutory provision prevails and the charter provision is ineffective to <br />the extent that it conflicts with state policy. <br />Minn. stat. § 440.13. Minn. <br />Unique statutory provisions favoring petitioners and property owners in <br />Stat. § 440.135. <br />home rule charter cities of the fourth- and third-class must also be <br />considered. As discussed below, these provisions only apply in certain <br />limited circumstances. Third- and fourth-class charter cities should consult <br />their attorney regarding the applicability of these provisions to their fact <br />situation. In addition, the League of Minnesota Cities recommends that <br />special attention be given to due process and notice issues, despite the <br />statutes' silence on these issues. <br />A. Fourth-class charter cities <br />Minn. stat. § 440.13. <br />A home rule charter city of the fourth class, (i.e., cities with a population of <br />10,000 or less), notwithstanding any contrary charter provision, must <br />follow a separate statute in vacating any street or highway "wherein one <br />end of the street or highway, or part thereof proposed to be vacated does <br />not connect with any other street or highway" (i.e., a "dead-end" street). <br />League of Minnesota Cities Information Memo: 4/27/2017 <br />Vacation of City Streets Page 6 <br />