14-423. Improving and vacating streets and alleys; reversion of land; recording of ordinance.
14-423
14-423. Improving and vacating streets and alleys; reversion of land;
recording of ordinance.
The governing body of any city of the second class shall have power to
open, widen, extend or otherwise improve any street, avenue, alley, or
lane, and also to vacate or discontinue the same and also to vacate or
cancel any lot, block, townsite, part of townsite, addition or part of
addition whenever deemed necessary or expedient. Before
the governing body shall open, widen or extend any street, avenue, alley,
or lane, it shall proceed to condemn or acquire by purchase or gift the
necessary lands as provided by law.
Whenever any street, avenue, alley, or lane shall be vacated, the same
shall revert to the owners of real estate thereto adjacent on each side in
proportion to the frontage of such real estate, except in cases where such
street, avenue, alley or lane shall have been taken and appropriated
to public use in different proportions, in which case it shall revert to
adjacent lots of real estate in proportion as it was taken from them, and
whenever any lot, block, townsite, part of townsite, addition or part of
addition shall be vacated, all of the streets, avenues, alleys, and lanes
therein shall revert as above provided.
Immediately after an ordinance opening, widening, extending, or vacating
any street, avenue, alley or lane or vacating any lot, block, townsite,
part of townsite, addition or part of addition becomes effective, the
clerk of the city shall file a copy thereof which has been certified by
the clerk as a true and correct copy in the office of the county clerk and in
the office of the register of deeds. The county clerk shall enter the
same in the transfer records of the county clerk's
office. The register of deeds
shall record the same in the deed records of the county and no fee shall be
charged by the county clerk or register of deeds for such entering or
recording. No reversion provided for herein
shall be so applied as to divest any person of possession who is in actual
or constructive possession of such property.
The ordinance so vacating, discontinuing, or canceling shall provide that
the same shall become effective 30 days after the publication
thereof unless one or more interested parties file a written protest before
the expiration of such time.
In the event such a protest is filed in the office of the city clerk of
the city within such time the governing body
shall set the same for
hearing 10 days after the end of the
30 day period above
mentioned. The hearing may be continued from time to time, and at the
conclusion thereof the governing body shall adopt a resolution
confirming the vacation ordinance and the same shall then be filed with
the county clerk and register of deeds as provided above, or in the event
such resolution is not adopted, the vacation ordinance shall be void and
of no effect.
History: R.S. 1923, § 14-423; L. 1939, ch. 129, § 1; L. 1951,
ch. 142, § 2; L. 1961, ch. 102, § 1; L. 1984, ch. 65, § 6; July 1.