1987-08-06 Letter, City Attorney Alley Vacation

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16.17 RATS: COOROINATWS: SURVEYS MIs provided. that upon the failure of the pmernme ss d% of such statutor% tits oa muniapaht% and the board of counts commissioners to concunenth approve and adopt a plat of subdivision within cap days of the time or presentation to each respective authonts the approval of the board of counts commissonm shall he final The board of counts commissioners ma% extend the time for concurrent approsal with respect w individual plats of subdivisions Himcirr: 19?9 r _a s 1: 19'? i 12? art 4 s 7 !8'4.1 -It !03.11 APPLICATION: UMITATION. `nothing in sections ".0# to W.13 shall amend. repeal. tit affect Special Laws 1889. Chapter 178. Ivo c �7the ATION. application of the owner of land included in am plat. and upon pro cif that all taxes assessed against such land have been paid. and the notice hereinafter provided for given. the district court mai vacate or alter all. or am part, of such plat. and adjudge the title to all streets. alle%s. and public grounds w be in the persons entitled thereto. but streets or aIle%% connecting separate plats or Icing between blocks or lots. shall not he %acated between such lots. blocks. or plats as are not also vacated. unless it appear, that the street or aIle% or pan thereof sought to be vacated is useless for the purpose for which it was laid out. The petitioner shall cause two weeks published and posted nonce of such application oto he given. the last publication to he at least ten da%s before the term at which it shall he heard: and the petitioner sh..11 ale, serve perxmall%. or cause to he served personall%. notice of such application. at least ten days before the term at which the application shall he heard. upon the manor of the at%. the president of the statutor, at%. or the chairman of the town board of the town where such land is situated. the court shall hear all persons owning or occupyin land that would he affected h% the proposed vacation, and if. m the judgment tit the court. the same would he damaged. the court ma% determine the amount of such damage and direct it% payment h% the applicant before the %acaucn or alteration shall take effect. A certified cops of the order of the court shall be filed with the count% auditor. and recorded h% the count% recorder The district avert shall not vacate tar alter an% street. alle%. or public ground dedicated to the public use in or by am such plat in an% at% or town organized under a charter or special law which provides a method of procedure for the vacation of streets and public grounds M the municipal authorities of such city or town. HMwo : RL s3.169. 1909c spots 1. 1917c 38s 1. 1973c 113 art Ss 7: 1976 c 181 s : 18:431 SKIS CERTAIN PLATS VALIDATED. In all case% where the record owner of real estate in this state has heretofore conve%ed the same. or am part thereof. h% r%press reference in the instrument of such come.%ance to a plat of such real estate on file in the office of the count% recorder in the a ntv in which such real estate is situated. and a plat so referred to to said come%ance is actuailh of record in such recorder's offi.e at the time when such conve%ance n made. such record owner and all persom claiming under %uch record owner. shall he fore%er estopped from questioning the %alidity of such plat. notwithstanding that at the time of the execution and record thereof, title to the premises covered thereto, appears of record to have been in the name of a person other than the per,on who executed such plat as proprietor of the prenuives covered therebs. and notwithstanding anv irregulaniv or mformalito in the e%ecti-