Whenever the municipality receives a request or desires to vacate a street, avenue, alley, lane or similar public way, the process outlined herein shall be followed:
(A) Request. The request shall be in writing stating the street, avenue, alley, lane, or similar public way to be vacated, a statement as to reasoning for the vacation. If the property is zoned residential, a signed consent for each abutting property owner shall be acquired and turned in with the written request. If the municipality desires vacation, the request is not required.
(B) Notice. Notice shall be given by the Clerk to all the abutting property owners either by first-class mail to their last known address or, if there is no 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 the street, avenue, alley, lane, or similar public way at their next regular meeting or if a special meeting is scheduled for the discussion, then the date, time and place of the meeting. The notice shall include the written request or statement from the municipality as to reason for the vacation if the municipality is requesting vacation.
(C) Consent/waiver.
(1) 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 § 93.068 by the abutting property owners, but does create the presumption that the Governing Body’s action was proper.
(2) However, if all the abutting property owners do not sign the consent/waiver form, the Governing Body may still proceed with vacating the street, avenue, alley, lane, or similar public way under the authority granted it by Neb. RS 17-558 and 17-559.
(D) 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.
(E) 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 the land will be drawn to the attention of the County Assessor.
(1990 Code, § 8-320) (Ord. 770, passed 3-1-2010; Ord. 872, passed 8-3-2021)
Statutory reference:
Related state law provisions, see Neb. RS 17-558, 17-559