10-9a-609.5. Vacating a street, right-of-way, or easement.
(1) A petition to vacate some or all of a public street, right-of-way, or easement shall
include:
(a) the name and address of each owner of record of land that is:
(i) adjacent to the public street, right-of-way, or easement; or
(ii) accessed exclusively by or within 300 feet of the public street, right-of-way, or
easement; and
(b) the signature of each owner under Subsection (1)(a) who consents to the vacation.
(2) If a petition is submitted containing a request to vacate some or all of a street,
right-of-way, or easement, the legislative body shall hold a public hearing in accordance with
Section 10-9a-208 and determine whether:
(a) good cause exists for the vacation; and
(b) the public interest or any person will be materially injured by the proposed vacation.
(3) The legislative body may adopt an ordinance granting a petition to vacate some or all
of a public street, right-of-way, or easement if the legislative body finds that:
(a) good cause exists for the vacation; and
(b) neither the public interest nor any person will be materially injured by the vacation.
(4) If the legislative body adopts an ordinance vacating some or all of a public street,
right-of-way, or easement, the legislative body shall ensure that a plat reflecting the vacation is
recorded in the office of the recorder of the county in which the land is located.
(5) The action of the legislative body vacating some or all of a street, right-of-way, or
easement that has been dedicated to public use:
(a) operates to the extent to which it is vacated, upon the effective date of the recorded
plat, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the
vacated street, right-of-way, or easement; and
(b) may not be construed to impair:
(i) any right-of-way or easement of any lot owner; or
(ii) the franchise rights of any public utility.
Amended by Chapter 338, 2009 General Session
Download Code Section Zipped WordPerfect 10_09a060905.ZIP 2,526 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009