9-45-9. Hearing and decision on vacation of street, alley, or public ground--Vote required.
The governing body or such committee at the time and place appointed shall investigate and consider the matter and shall hear the evidence and testimony of the parties interested. The governing body, after hearing the same or upon the report of such committee favoring the granting of such petition, may declare by resolution passed by a two-thirds vote of all the members, such street, alley, or public ground vacated.
Source: SL 1890, ch 37, art XVI, §13; RPolC 1903, §1301; RC 1919, §6354; SDC 1939, §45.1708; SL 1949, ch 186; SL 1951, ch 241, §1.
Structure South Dakota Codified Laws
Title 9 - Municipal Government
Chapter 45 - Street And Alley Improvements
Section 9-45-2 - Street names and numbering of houses.
Section 9-45-3 - Bridges, culverts and sluiceways.
Section 9-45-4 - City power over bridges, viaducts, and tunnels.
Section 9-45-5 - Crosswalks, curbs, gutters, and drains.
Section 9-45-8 - Publication of notice of petition and hearing on vacation.
Section 9-45-9 - Hearing and decision on vacation of street, alley, or public ground--Vote required.
Section 9-45-10 - Vacation after nonuser of platted street or alley--Petition of property owners.
Section 9-45-11 - Notice and hearing on vacation of platted street or alley--Evidence of nonuser.
Section 9-45-12 - Publication and filing of resolution vacating platted street or alley.
Section 9-45-13 - Irregularities in vacation proceedings cured after two years.
Section 9-45-13.1 - Vacation of street in extraterritorial jurisdiction of municipality.
Section 9-45-15 - Change of grade of street--Municipal liability for damage to abutting property.
Section 9-45-17 - Viaduct specifications determined by governing body.
Section 9-45-36 - Sidewalk relocation costs shared by municipality.
Section 9-45-37 - Record of street proceedings kept by auditor or clerk.