19-26,102.   Vacation of certain property in Lyon county, procedure;reversion of property.(a) As used in this section:

      (1)   "County" means Lyon county.

      (2)   "Land" means land dedicated to public purpose located in Lyon county andwhich is located within the unincorporated area of the county or land dedicatedto public purpose located within the corporate limits of a city which has noelected governing body.

      (3)   "Public loss or inconvenience" or "private right" shall not be construedtoextend to the taxes which may be levied upon the land.

      (b)   The board of county commissioners may vacate land as defined insubsection (a) as provided herein. The board shall give public notice of thesame by a publication for two consecutive weeks in a newspaper of generalcirculation in the vicinity of such place sought to be vacated or in theofficial county newspaper. Such notice shall state the board's intention tovacate such land and describe the property fully, and give the time, date andlocation of the hearing to be held on the proposed vacation.

      (c)   On the day of the hearing, the board shall hear such testimony as may bepresented before it, and such other testimony as required in order to determinethe advisability of such vacation. If the board determines from the proofs andevidence presented that due and legal notice has been given by publication asrequired in this act, and that no private rights will be injured or endangeredby such vacation, and that the public will suffer no loss or inconveniencethereby, the board shall order that such vacation be made. Any order approvingsuch vacation shall provide for the reservation to the county and the owners ofany lesser property rights for public utilities, rights-of-ways and easementsfor publicservice facilities originally held in such public reservation then in existenceand use. An order of vacation shall be entered at length on the records of theproceedings of the board. Thereupon the county clerk shall certify a copy ofsuch order to the register of deeds of the county. The register of deeds shallrecord in the deed records of the county and write on the margin of therecorded plat of such land, the words "canceled by order" or "canceled in partby order," as the case may be, giving reference thereon to the page and book ofrecords where such order is recorded in the register's office.

      (d)   Any land vacated pursuant to this section shall revert to the owners ofthe real estate immediately abutting thereon, according to the frontage of suchreal estate thereon. All lands so reverting shall revert to the owners ofabutting lands holding the same by title derived directly or indirectly fromthe owners of such lands from which such reservation was originally platted.

      History:   L. 1995, ch. 161, § 2; July 1.