05.03 - Road Vacation - Laserfiche WebLink

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.`. 2. Public hearing and notice requirements The city must conduct a public hearing to solicit public input on a proposed vacation prior to granting a vacation. a. Notice requirements Notice of the hearing must be published in the city's legal newspaper and posted at least two weeks prior to the hearing. In addition, written notice of the hearing must be mailed to each property owner affected by the proposed vacation at least 10 days before the hearing. The notice must contain, at minimum, a copy of the petition or proposed resolution as well as the time, place, and date of the hearing. Certified mail is not required by the statute. Unfortunately, the statute does not define who is considered to be an "affected" property owner entitled to notice. The implications of the term "affected" are broader than the term "abutting" used elsewhere in the statute. As a result, the group of "affected" owners comprises a group larger than the abutting owners, but smaller than the general citizenry of the city who will receive published notice of the vacation. Et_ler v. Mondale, t23 The Court has established that when platted streets are vacated, due process N.W.2d 603 (Minn. 1963) re Ull'0S, at minimum that notice be sent to all owners or occu ants of land concerning vacation of plats q � p pursuant to Minn. Stat. § within the platted area. Owners and purchasers of platted land are presumed to sos.ia; Batinich v. Harvey, rely upon access to the areas dedicated to public use in a plat and are deemed to 277 N.W.2d 355 (Minn. � t9�9�. be "affected" owners. Cities may adopt a more generous standard as appropriate to their fact situation In unplatted areas, there is no similar guidance from the Court. However, the vacation statute and due process still require the city to send notice to all property owners "affected" by the vacation. Since the term is undefined in statute, the city must develop a reasonable policy regarding notice. The location of the individual street and the character of the surrounding property should be taken into account in determining sufficient notice. � A.G. Op. (June 20, i9as.> An informal Minnesota Attorney General letter stated that, for due process (informal opinion). reaSOriS, it may be prudent to extend the notice requirements beyond fee title owners of property to mortgagees and contract for deed vendors who may be significantly affected by a vacation. VACATION OF CTTY STREETS b. Notice to the commissioner of Natural Resources If the street or any part of the street terminates at, abuts upon, or is adj acent to any public water, written notice must also be served by certified mail upon the commissioner of Natural Resources at least 60 days before the public hearing. After notice is served on the commissioner, at least 15 days prior to convening the public hearing, the city council or its designee must consult with the commissioner to review the proposed vacation. This consultation should be documented by the city. The notice of the hearing and the consultation do not create a right of intervention by the commissioner. The commissioner must provide the city with its evaluation of the following: