12-16,104.   Release of easement; notice; fee.(a) The governing body of any city may charge a fee for the release of anyeasement. Such fee shall notexceed the increase in value accruing to the underlying fee owners resultingfrom the termination of the property interest held by the governing bodyof the city or the original price paid for the easement by the city, whicheveris less, plus reasonable administrative costs.

      (b)   Before the release or vacation of any easement, the governing body shallnotify the underlying fee owners or their heirs or assigns, if the samecan be found through diligent search,that they may purchase the easement. Noticeshall be published once each week for three consecutive weeks in theofficial city newspaper. The notice shall include a statement that thepurchase option authorized by this subsection shall expire 30 daysfollowing the date of the final publication.

      (c)   If the easement is not purchased as provided by subsection (b),the city may sell the easement in a manner deemed expedient by thegoverning body of the city and the city may make, execute and deliver awarranty deed or other deed of conveyance to the purchaser thereof.

      (d)   A city may charge for the release or vacation of an easement only forreal estate which constitutes a site large enough to allow the buildingof a structure under the zoning code of the city, pursuant to the appropriatezoning classification.

      History:   L. 1984, ch. 60, § 2;L. 1986, ch. 77, § 2; April 10.