(A) SPECIAL DAMAGES shall mean only those losses or damages or injuries which a property owner suffers that are peculiar or special or unique to his or her property and which result from the Board of Trustees vacating a street, avenue, alley, lane, or similar public way. SPECIAL DAMAGES shall not mean those losses or damages or injuries that a property owner suffers that are in common with the rest of the village or public at large, even though those losses or damages or injuries suffered by the property owner are greater in degree than the rest of the village or public at large.
(B) Whenever the Board of Trustees decides that it would be in the best interests of the village to vacate a street, avenue, alley, lane, or similar public way, the Board of Trustees shall comply with the following procedure:
(1) 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 village. The content of the notice shall advise the abutting property owners that the Board of Trustees will consider vacating such street, avenue, alley, lane, or similar public way at its next regular meeting or, if a special meeting is scheduled for such discussion, then the date, time, and place of such meeting.
(2) Consent; waiver. The Board of Trustees may have all the abutting property owners sign a form stating that they consent to the action being taken by the Board of Trustees and waive their right of access. The signing of such form shall have no effect on claims for special damages by the abutting property owners but shall create the presumption that the Board of Trustees’ action was proper. If the abutting property owners do not sign the consent/waiver form, the Board of Trustees may still proceed with vacating the street, avenue, alley, lane, or similar public way under the authority granted by Neb. RS 17-558 and 17-559.
(3) Ordinance. The Board of Trustees shall pass an ordinance that includes essentially the following provisions:
(a) A declaration that the action is expedient for the public good or in the best interests of the village.
(b) A statement that the village will have an easement for maintaining all utilities.
(c) A method or procedure for ascertaining special damages to abutting property owners.
(C) The Chairperson shall appoint three or five or seven disinterested residents of the village to a special commission to ascertain the amount of special damages that the abutting property owners are entitled to receive and which resulted from the Board of Trustees vacating the street, avenue, alley, lane, or similar public way. The appointees of the special commission shall be approved by the Board of Trustees. Only special damages shall be awarded to the abutting property owners.
(D) In determining the amount of compensation to award the abutting property owners as special damages, the commission shall use the following rule:
An abutting property owner is entitled to recover as compensation the difference between the value of the property immediately before and immediately after the vacating of such street, avenue, alley, lane, or similar public way. If no difference in value exists, the abutting property owner is entitled to no compensation.
(`75 Code, §§ 8-311, 8-312) (Ord. 234, passed 9-2-86; Am. Ord. 397, passed 12-3-02)
Statutory reference:
Authority, Neb. 17-558 and 17-559