Whenever the governing body decides that it would be in the best interests of the municipality to vacate a street, avenue, alley, lane or similar public way, the governing body shall comply with the following procedure.
(A) Notice. Notice shall be given to all abutting property owners either by First Class mail to their last known address or if there is no known address then by publishing the notice in a newspaper that is of general circulation in the municipality. The content of the notice will advise the abutting property owners that the governing body will consider vacating such street, avenue, alley, lane or similar public way at their next regular meeting or if a special meeting is scheduled for such discussion, then the date, time and place of such meeting.
(B) Consent/waiver. The governing body may have all the abutting property owners sign a form stating that they consent to the action being taken by the governing body and waive their right of access. The signing of such form has no effect on claims for special damages, as defined in §§ 93.56 by the abutting property owners, but does create the presumption that the governing body’s action was proper. However, if all the abutting property owners do not sign the consent/waiver form, the governing body may still proceed with vacating such street, avenue, alley, lane or similar public way under the authority granted them by Neb. RS 17-558 and 17-559.
(C) Ordinance. The governing body shall pass an ordinance that shall state essentially the following:
(1) A declaration that the action is expedient for the public good or in the best interests of the municipality;
(2) A statement that the municipality shall have an easement for maintaining all utilities; and
(3) A method or procedure for ascertaining special damages to abutting property owners.
(D) Filing. The Clerk shall file a copy of the ordinance with the County Register of Deeds to ensure that abutting property owners can gain title to their share of the vacated street, avenue, alley, lane or similar public way and so that such land will be drawn to the attention of the County Assessor.
(Prior Code, § 8-318) (Ord. 134, passed 10-7-1986) Penalty, see § 93.99
Statutory reference:
Related provisions, see Neb. RS 17-558, 17-559