The council may by resolution vacate any street, alley, public grounds, public way, or any part thereof, on its own motion or on petition of a majority of the owners of land abutting on the street, alley, public grounds, public way, or part thereof to be vacated. When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. The council shall cause written notice of the hearing to be mailed to each property owner affected by the proposed vacation at least ten 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. In addition, if the street, alley, public grounds, public way, or any part thereof terminates at, abuts upon, or is adjacent to any public water, written notice of the petition or proposed resolution must be served by certified mail upon the commissioner of natural resources at least 60 days before the hearing on the matter. The notice to the commissioner of natural resources does not create a right of intervention by the commissioner. At least 15 days prior to convening the hearing required under this section, the council or its designee must consult with the commissioner of natural resources to review the proposed vacation. The commissioner must evaluate:
(1) the proposed vacation and the public benefits to do so;
(2) the present and potential use of the land for access to public waters; and
(3) how the vacation would impact conservation of natural resources.
The commissioner must advise the city council or its designee accordingly upon the evaluation. After a resolution of vacation is adopted, the clerk shall prepare a notice of completion of the proceedings which shall contain the name of the city, an identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the county auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words "entered in the transfer record." The notice shall then be recorded with the county recorder. Any failure to file the notice shall not invalidate any vacation proceedings.
1949 c 119 s 102; 1953 c 735 s 12; 1957 c 383 s 1; 1967 c 289 s 15; 1969 c 9 s 85; 1973 c 123 art 2 s 1 subd 2; 1973 c 494 s 11; 1976 c 181 s 2; 1986 c 444; 1989 c 183 s 4; 1990 c 433 s 2; 2005 c 4 s 105; 2005 c 117 s 2
Structure Minnesota Statutes
Chapters 410 - 414 — Cities, Organization
Chapter 412 — Statutory Cities
Section 412.013 — Additional Powers.
Section 412.014 — Power To Operate Telephone Lines.
Section 412.015 — Uniform Code Of Municipal Government.
Section 412.016 — Application; Statutory Cities.
Section 412.018 — Cities Under General Or Special Incorporation Acts.
Section 412.02 — City Elections; Officers, Terms, Vacancies, City Employees.
Section 412.022 — Council May Provide Four-year Term.
Section 412.023 — Transition Schedule.
Section 412.081 — Separation From Town.
Section 412.091 — Dissolution; Petition; Vote.
Section 412.093 — Dissolution Secured By Claimants.
Section 412.111 — Departments, Boards.
Section 412.121 — Acting Mayor.
Section 412.131 — Assessor; Duties, Compensation.
Section 412.141 — Treasurer's Duties.
Section 412.151 — Duties Of Clerk.
Section 412.152 — Mayor; Fire Chief; Offices Not Incompatible.
Section 412.153 — Housing Aid To Ensure Timely Public Safety Service.
Section 412.191 — Members; Powers, Duties.
Section 412.201 — Execution Of Instruments.
Section 412.211 — General Statutory City Powers.
Section 412.221 — Specific Powers Of Council.
Section 412.222 — Public Accountants In Statutory Cities.
Section 412.241 — Council To Control Finances.
Section 412.251 — Annual Tax Levy.
Section 412.261 — Tax Anticipation Certificates.
Section 412.271 — Disbursements.
Section 412.301 — Financing Purchase Of Certain Equipment.
Section 412.321 — Municipal Utilities.
Section 412.331 — Establishment Of Public Utilities Commission.
Section 412.341 — Commission; Membership, Organization.
Section 412.351 — Commission, Jurisdiction.
Section 412.361 — Public Utility; Commission Powers.
Section 412.371 — Separate City Fund For Each Utility.
Section 412.391 — Abolition Of Commission Or Utility Transfer.
Section 412.491 — Parks; Parkways; Recreational Facilities.
Section 412.501 — City Of 1,000 May Have Or Continue Park Board; Formalities.
Section 412.511 — Acquisition And Control Of Park Property.
Section 412.521 — Powers Of Board.
Section 412.541 — Optional Plans.
Section 412.551 — Election On Optional Plan.
Section 412.561 — Applicable Law; Same Rights, Liabilities, Proceedings.
Section 412.571 — Continuance In Office; Elections.
Section 412.572 — Conversion To Optional Plan A.
Section 412.591 — Duties Of Clerk And Treasurer; May Be Combined.
Section 412.601 — Applications Of Sections 412.601 To 412.751.
Section 412.611 — Council-manager Plan.
Section 412.621 — Boards And Commissions.
Section 412.631 — Composition Of Council.
Section 412.641 — Manager; Basis For Choice; Residency; Term; Probation.
Section 412.651 — City Manager; Powers And Duties.
Section 412.661 — Limit On Council Powers.
Section 412.671 — Creation Of Departments; Divisions And Bureaus.
Section 412.681 — Manager Runs City; Offices May Be Joined Or Abolished.
Section 412.691 — Manager Is Purchasing Agent; Audit And Approval.
Section 412.711 — Consideration Of Budget; Tax Levy.
Section 412.721 — Budget Enforcement; Personal Liability.
Section 412.731 — Modification Of Budget.
Section 412.741 — Disbursement Of Funds.
Section 412.751 — Emergency Debt Certificates.
Section 412.831 — Official Newspaper.
Section 412.851 — Vacation Of Streets.
Section 412.861 — Prosecutions, Violations Of Ordinances.
Section 412.871 — Fines And Penalties.
Section 412.881 — President And Recorder Defined.