(A) (1) 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 City Council vacating such street, avenue, alley, lane or similar public way.
(2) 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 city or public at large, even though those losses or damages or injuries suffered by the property owner are greater in degree that the rest of the city or public at large.
(B) The Mayor shall appoint three or five or seven disinterested residents of the municipality 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 City Council vacating such street, avenue, alley, lane or similar public way. The appointees of the special commission shall be approved by the City Council. Only special damages, as herein defined, shall be awarded to the abutting property owners.
(C) In determining the amount of compensation to award the abutting property owners as special damages, the Commission shall use the following rule:
"The abutting property owner is entitled to recover as compensation the difference between the value of such property immediately before and immediately after the vacating of such street, avenue, alley, lane, or similar public way. However, if no difference in value exists the abutting property owner is entitled to no compensation."
(D) Whenever the City Council decides that it would be in the best interests of the municipality to vacate a street, avenue, alley, lane, or similar public way, the City Council 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 municipality. The content of the notice will advise the abutting property owners that the City Council 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.
(2) Consent; waiver.
(a) The City Council may have all the abutting property owners sign a form stating that they consent to the action being taken by the City Council and waive their right of access. The signing of such form has no effect on claims for special damages, as defined in divisions (A) through (C) of this section by the abutting property owners but does create the presumption that the City Council action was proper.
(b) However, if all the abutting property owners do not sign the consent/waiver form, the City Council 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.
(3) Ordinance. The City Council shall pass an ordinance that shall state essentially the following:
(a) A declaration that the action is expedient for the public good or in the best interests of the municipality.
(b) A statement that the municipality shall have an easement for maintaining all utilities.
(c) A method or procedure for ascertaining special damages to abutting property owners.
(4) Filing. The Clerk/Treasurer 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.
Statutory reference:
Authority, see Neb. RS 17-558 and 17-559