8320. (a) The legislative body of a local agency may initiate a
proceeding under this chapter in either of the following ways:
(1) On its own initiative, where the clerk of the legislative body
shall administratively set a hearing by fixing the date, hour, and
place of the hearing and cause the publishing and posting of the
notices required by this chapter.
(2) Upon a petition or request of an interested person, at the
discretion of the legislative body, except as provided in subdivision
(e) of Section 8321, where the clerk of the legislative body shall
administratively set a hearing by fixing the date, hour, and place of
the hearing and cause the publishing and posting of the notices
required by this chapter.
(b) The notices required by this chapter shall contain both of the
following:
(1) A description of the street, highway, or public service
easement proposed to be vacated and a reference to a map or plan,
that shows the portion or area to be vacated and includes a statement
that the vacation proceeding is conducted under this chapter. In the
case of a street or highway, the description shall include its
general location, its lawful or official name or the name by which it
is commonly known, and the extent to which it is to be vacated. In
the case of a public service easement, the description shall identify
it with common certainty. The map or plan showing the location of
the street, highway, or public easement proposed to be vacated is
sufficient compliance with this paragraph.
(2) The date, hour, and place for hearing all persons interested
in the proposed vacation. The date shall not be less than 15 days
after the initiation of proceedings.
8321. (a) Ten or more freeholders may petition the board of
supervisors to vacate a street or highway under this chapter. At
least two of the petitioners shall be residents of the road district
in which some part of the street or highway proposed to be vacated is
situated and shall be taxable therein for street or highway
purposes.
(b) Five or more freeholders may petition the board of supervisors
to vacate a public service easement under this chapter. At least one
of the petitioners shall be a resident of the township in which the
public service easement proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in
the petition.
(d) The board of supervisors may require the payment of a fee for
filing a petition to defray the expenses of investigations, mailings,
publications, and postings under this chapter.
(e) Upon the filing of a petition and the making of the deposit,
if any, required under this section, the board of supervisors, by
order, shall fix the date, hour, and place of the hearing on the
petition. At least two weeks before the day set for the hearing, the
clerk of the board shall mail a notice of the date, hour, and place
of the hearing to each of the petitioners at the address set forth in
the petition.
(f) Nothing in this section shall affect the right of a
legislative body to initiate a proceeding under this chapter upon its
own initiative, or upon petition or request of an interested person,
or prevent the board of supervisors from vacating a street, highway,
or public service easement without charging costs if the board
determines it is in the public interest to do so.
8322. (a) Except as provided in subdivisions (b) and (c), notice of
the hearing on the proposed vacation shall be published for at least
two successive weeks prior to the hearing in a daily, semiweekly, or
weekly newspaper published and circulated in the local agency
conducting the proceeding and which is selected by the legislative
body for that purpose or by the clerk or other officer responsible
for the publication where the legislative body has not selected any
newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no
daily, semiweekly, or weekly newspaper published and circulated in
the city, the notice shall be published in some newspaper published
in the county in which the city is located.
(c) Notice need not be published under this section where there is
no daily, semiweekly, or weekly newspaper published and circulating
in the county in which the local agency conducting the proceeding is
located.
8323. At least two weeks before the day set for the hearing, the
legislative body shall post conspicuously notices of vacation along
the line of the street, highway, or public service easement proposed
to be vacated. The notices shall be posted not more than 300 feet
apart, but at least three notices shall be posted. If the line of the
street, highway, or public service easement proposed to be vacated
exceeds one mile in length, the legislative body may, in lieu of
posting not more than 300 feet apart, post notices at each
intersection of another street or highway with the street, highway,
or public service easement to be vacated and at one point
approximately midway between each intersection, but at least three
notices shall be posted.
8324. (a) At the hearing, the legislative body shall hear the
evidence offered by persons interested.
(b) If the legislative body finds, from all the evidence
submitted, that the street, highway, or public service easement
described in the notice of hearing or petition is unnecessary for
present or prospective public use, the legislative body may adopt a
resolution vacating the street, highway, or public service easement.
The resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied
and may instruct the clerk that the resolution of vacation not be
recorded until the conditions have been satisfied.
8325. (a) The clerk shall cause a certified copy of the resolution
of vacation, attested by the clerk under seal, to be recorded without
acknowledgment, certificate of acknowledgment, or further proof in
the office of the recorder of the county in which the property is
located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete.
8320. (a) The legislative body of a local agency may initiate a
proceeding under this chapter in either of the following ways:
(1) On its own initiative, where the clerk of the legislative body
shall administratively set a hearing by fixing the date, hour, and
place of the hearing and cause the publishing and posting of the
notices required by this chapter.
(2) Upon a petition or request of an interested person, at the
discretion of the legislative body, except as provided in subdivision
(e) of Section 8321, where the clerk of the legislative body shall
administratively set a hearing by fixing the date, hour, and place of
the hearing and cause the publishing and posting of the notices
required by this chapter.
(b) The notices required by this chapter shall contain both of the
following:
(1) A description of the street, highway, or public service
easement proposed to be vacated and a reference to a map or plan,
that shows the portion or area to be vacated and includes a statement
that the vacation proceeding is conducted under this chapter. In the
case of a street or highway, the description shall include its
general location, its lawful or official name or the name by which it
is commonly known, and the extent to which it is to be vacated. In
the case of a public service easement, the description shall identify
it with common certainty. The map or plan showing the location of
the street, highway, or public easement proposed to be vacated is
sufficient compliance with this paragraph.
(2) The date, hour, and place for hearing all persons interested
in the proposed vacation. The date shall not be less than 15 days
after the initiation of proceedings.
8321. (a) Ten or more freeholders may petition the board of
supervisors to vacate a street or highway under this chapter. At
least two of the petitioners shall be residents of the road district
in which some part of the street or highway proposed to be vacated is
situated and shall be taxable therein for street or highway
purposes.
(b) Five or more freeholders may petition the board of supervisors
to vacate a public service easement under this chapter. At least one
of the petitioners shall be a resident of the township in which the
public service easement proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in
the petition.
(d) The board of supervisors may require the payment of a fee for
filing a petition to defray the expenses of investigations, mailings,
publications, and postings under this chapter.
(e) Upon the filing of a petition and the making of the deposit,
if any, required under this section, the board of supervisors, by
order, shall fix the date, hour, and place of the hearing on the
petition. At least two weeks before the day set for the hearing, the
clerk of the board shall mail a notice of the date, hour, and place
of the hearing to each of the petitioners at the address set forth in
the petition.
(f) Nothing in this section shall affect the right of a
legislative body to initiate a proceeding under this chapter upon its
own initiative, or upon petition or request of an interested person,
or prevent the board of supervisors from vacating a street, highway,
or public service easement without charging costs if the board
determines it is in the public interest to do so.
8322. (a) Except as provided in subdivisions (b) and (c), notice of
the hearing on the proposed vacation shall be published for at least
two successive weeks prior to the hearing in a daily, semiweekly, or
weekly newspaper published and circulated in the local agency
conducting the proceeding and which is selected by the legislative
body for that purpose or by the clerk or other officer responsible
for the publication where the legislative body has not selected any
newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no
daily, semiweekly, or weekly newspaper published and circulated in
the city, the notice shall be published in some newspaper published
in the county in which the city is located.
(c) Notice need not be published under this section where there is
no daily, semiweekly, or weekly newspaper published and circulating
in the county in which the local agency conducting the proceeding is
located.
8323. At least two weeks before the day set for the hearing, the
legislative body shall post conspicuously notices of vacation along
the line of the street, highway, or public service easement proposed
to be vacated. The notices shall be posted not more than 300 feet
apart, but at least three notices shall be posted. If the line of the
street, highway, or public service easement proposed to be vacated
exceeds one mile in length, the legislative body may, in lieu of
posting not more than 300 feet apart, post notices at each
intersection of another street or highway with the street, highway,
or public service easement to be vacated and at one point
approximately midway between each intersection, but at least three
notices shall be posted.
8324. (a) At the hearing, the legislative body shall hear the
evidence offered by persons interested.
(b) If the legislative body finds, from all the evidence
submitted, that the street, highway, or public service easement
described in the notice of hearing or petition is unnecessary for
present or prospective public use, the legislative body may adopt a
resolution vacating the street, highway, or public service easement.
The resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied
and may instruct the clerk that the resolution of vacation not be
recorded until the conditions have been satisfied.
8325. (a) The clerk shall cause a certified copy of the resolution
of vacation, attested by the clerk under seal, to be recorded without
acknowledgment, certificate of acknowledgment, or further proof in
the office of the recorder of the county in which the property is
located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete.
8320. (a) The legislative body of a local agency may initiate a
proceeding under this chapter in either of the following ways:
(1) On its own initiative, where the clerk of the legislative body
shall administratively set a hearing by fixing the date, hour, and
place of the hearing and cause the publishing and posting of the
notices required by this chapter.
(2) Upon a petition or request of an interested person, at the
discretion of the legislative body, except as provided in subdivision
(e) of Section 8321, where the clerk of the legislative body shall
administratively set a hearing by fixing the date, hour, and place of
the hearing and cause the publishing and posting of the notices
required by this chapter.
(b) The notices required by this chapter shall contain both of the
following:
(1) A description of the street, highway, or public service
easement proposed to be vacated and a reference to a map or plan,
that shows the portion or area to be vacated and includes a statement
that the vacation proceeding is conducted under this chapter. In the
case of a street or highway, the description shall include its
general location, its lawful or official name or the name by which it
is commonly known, and the extent to which it is to be vacated. In
the case of a public service easement, the description shall identify
it with common certainty. The map or plan showing the location of
the street, highway, or public easement proposed to be vacated is
sufficient compliance with this paragraph.
(2) The date, hour, and place for hearing all persons interested
in the proposed vacation. The date shall not be less than 15 days
after the initiation of proceedings.
8321. (a) Ten or more freeholders may petition the board of
supervisors to vacate a street or highway under this chapter. At
least two of the petitioners shall be residents of the road district
in which some part of the street or highway proposed to be vacated is
situated and shall be taxable therein for street or highway
purposes.
(b) Five or more freeholders may petition the board of supervisors
to vacate a public service easement under this chapter. At least one
of the petitioners shall be a resident of the township in which the
public service easement proposed to be vacated is situated.
(c) The residence address of each petitioner shall be set forth in
the petition.
(d) The board of supervisors may require the payment of a fee for
filing a petition to defray the expenses of investigations, mailings,
publications, and postings under this chapter.
(e) Upon the filing of a petition and the making of the deposit,
if any, required under this section, the board of supervisors, by
order, shall fix the date, hour, and place of the hearing on the
petition. At least two weeks before the day set for the hearing, the
clerk of the board shall mail a notice of the date, hour, and place
of the hearing to each of the petitioners at the address set forth in
the petition.
(f) Nothing in this section shall affect the right of a
legislative body to initiate a proceeding under this chapter upon its
own initiative, or upon petition or request of an interested person,
or prevent the board of supervisors from vacating a street, highway,
or public service easement without charging costs if the board
determines it is in the public interest to do so.
8322. (a) Except as provided in subdivisions (b) and (c), notice of
the hearing on the proposed vacation shall be published for at least
two successive weeks prior to the hearing in a daily, semiweekly, or
weekly newspaper published and circulated in the local agency
conducting the proceeding and which is selected by the legislative
body for that purpose or by the clerk or other officer responsible
for the publication where the legislative body has not selected any
newspaper for that purpose.
(b) If the proceeding is conducted by a city and there is no
daily, semiweekly, or weekly newspaper published and circulated in
the city, the notice shall be published in some newspaper published
in the county in which the city is located.
(c) Notice need not be published under this section where there is
no daily, semiweekly, or weekly newspaper published and circulating
in the county in which the local agency conducting the proceeding is
located.
8323. At least two weeks before the day set for the hearing, the
legislative body shall post conspicuously notices of vacation along
the line of the street, highway, or public service easement proposed
to be vacated. The notices shall be posted not more than 300 feet
apart, but at least three notices shall be posted. If the line of the
street, highway, or public service easement proposed to be vacated
exceeds one mile in length, the legislative body may, in lieu of
posting not more than 300 feet apart, post notices at each
intersection of another street or highway with the street, highway,
or public service easement to be vacated and at one point
approximately midway between each intersection, but at least three
notices shall be posted.
8324. (a) At the hearing, the legislative body shall hear the
evidence offered by persons interested.
(b) If the legislative body finds, from all the evidence
submitted, that the street, highway, or public service easement
described in the notice of hearing or petition is unnecessary for
present or prospective public use, the legislative body may adopt a
resolution vacating the street, highway, or public service easement.
The resolution of vacation may provide that the vacation occurs only
after conditions required by the legislative body have been satisfied
and may instruct the clerk that the resolution of vacation not be
recorded until the conditions have been satisfied.
8325. (a) The clerk shall cause a certified copy of the resolution
of vacation, attested by the clerk under seal, to be recorded without
acknowledgment, certificate of acknowledgment, or further proof in
the office of the recorder of the county in which the property is
located. No fee shall be charged for recordation.
(b) Upon such recordation, the vacation is complete.
