(A) Discontinuance happens when a municipality uses legislative action to end a street’s existence. Abandonment comes from the Highway Law and describes what happens when a highway is unused and untraveled for a period of six years. It is important to note that both discontinuance and abandonment are very different from a municipality closing a street. Closing a street only occurs for a limited period of time and can only be done in either an emergency situation or with specific statutory authority. Once a municipality discontinues a street, it may sell the land for adequate compensation or, if the property was taken through eminent domain proceedings, it can be given back to the adjoining landowner.
(B) To discontinue a street, the Village Board must find that a street has become useless. Once the Board has made this finding, it will pass a resolution discontinuing the street after the appropriate notice and a public hearing.
(Ord. 2-2006, passed 3-27-2006)