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RELEVANT LINKS: <br />League of Minnesota Cities Information Memo: 4/27/2017 <br />Vacation of City Streets Page 7 <br />The statute provides stringent protections to property owners in home rule <br />charter cities of the fourth class who live on such "dead-end" roads. These <br />roads may only be vacated when all the owners of lands abutting both sides <br />of the street or highway have signed a petition requesting the vacation. <br />A.G. op. 396-C-1 (May 22, <br />The Minnesota Attorney General has limited the application of this statute <br />1961). A.G. Op. 396-C-18, <br />(May 16, 1958). <br />to "streets and highways." As a result, the Minnesota Attorney General <br />does not believe the protections of the statute apply to property owners on <br />dead-end alleys. Presumably, such protections do not apply to property <br />owners on other types of dead-end public grounds or public ways. <br />This unique statute for fourth class charter cities does not require a public <br />See discussion and sample <br />hearing or published notice of the vacation in the manner otherwise <br />forms to modify in section <br />required under the general vacation statute. However, the League <br />I -A-2 above. <br />recommends the city provide notice to the affected public of the proposed <br />vacation for due -process reasons. <br />Etzrer v. Mondale, 123 <br />In addition, the League recommends the city hold a public hearing <br />N.W.2d 603 (Minn. 1963). <br />providing affected parties an opportunity to comment on the vacation. <br />While the statute does not explicitly require notice and a hearing, <br />Minnesota courts have imposed such due process considerations in the past <br />under the 14th Amendment of the U.S. Constitution. <br />The statute also does not require a finding of public benefit as discussed <br />above. However, the permissive language of the statute does not require the <br />city to vacate the street or highway upon receipt of a lawful petition. <br />The city's refusal to grant a vacation in such circumstances will be upheld <br />by the courts unless it appears that the evidence is practically conclusive <br />against the city, or that the city proceeded on an erroneous theory of law, or <br />that it acted arbitrarily and capriciously against the best interests of the <br />public. <br />Public Hearing vacating a <br />Finally, if the dead end road terminates at or abuts upon any public water, <br />Street Near Water. LMC <br />Model Notice. <br />the petitioners who are requesting the vacation must serve notice of the <br />petition by certified mail upon the Commissioner of Natural Resources at <br />least 30 days before the council hearing on the matter. The notice is for <br />notification purposes only and does not create a right of intervention by the <br />Commissioner. <br />B. Third-class charter cities <br />Minn. stat. § 440.135. <br />A home rule charter city of the third class (i.e., a city with more than <br />10,000 in population, but less than 20,000) possesses an additional unique <br />power of vacation. <br />League of Minnesota Cities Information Memo: 4/27/2017 <br />Vacation of City Streets Page 7 <br />