Chapter 12.24
VACATION OF STREETS AND ALLEYS
Sections:
12.24.020 Statement of purpose.
12.24.050 Compensation for vacation.
12.24.060 Payment of compensation or conveyance.
12.24.010 Definitions.
A street or alley “vacation” means that the public is letting go of, or “vacating,” the public interest in a property. After a street or an alley is vacated, the public no longer has a right to use the property for access. (Ord. 566 § 1 (part), 2005)
12.24.020 Statement of purpose.
The purpose of this chapter is to establish petition fees, appraisal requirements, and compensation for the vacation of streets and alleys within the town. (Ord. 566 § 1 (part), 2005)
12.24.030 Petition fees.
A. Every petition for the vacation of any street or alley, or any part thereof, shall be accompanied by a nonrefundable fee, as set by resolution of the council, to defray the administrative costs incurred in the processing of the vacation.
B. At the time the town council recommends granting a vacation petition, the petitioner shall deposit five hundred dollars ($500.00) with the town clerk, which shall be the town’s estimated cost of the full appraisal. In the event the appraisal cost is less than the amount deposited, the vacation compensation payable to the town shall be reduced by the difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In the event the cost of the appraisal is more than the amount deposited, the vacation compensation payable to the town shall be increased by the difference between the deposit and the actual cost, or in the alternative, such difference shall be separately billed and paid by the petitioners prior to approval of the vacation. (Ord. 566 § 1 (part), 2005)
12.24.040 Appraisals.
The town clerk or designee is authorized to obtain appraisals from qualified, independent appraisers of such streets, alleys or public places, as are recommended for vacation, after the hearing by the town council, and is further authorized to obtain appraisals from qualified, independent real estate appraisers of the fair market value of the alternate right-of-way land proposed to be granted to the town for street or alley purposes in lieu of a cash payment in the manner contemplated by Section 12.24.050. In such instance, an additional appraisal deposit fee shall be paid for the appraisal of such parcel(s), and according to the fee and time schedule provided in Section 12.24.030. (Ord. 566 § 1 (part), 2005)
12.24.050 Compensation for vacation.
A. Payment for Vacation. Ordinances vacating any street, alley or public place which has not been acquired at public expense shall not be passed by the town council until a sum equal to one-half of the fair market value, as shown in the appraisal, of the area vacated is paid to the town. Where the area vacated was acquired at public expense, where the street or alley has been part of a dedicated public right-of-way for twenty-five (25) years or more, or where the area vacated abuts upon a body of water, the sum to be paid to the town shall be equal to the full fair market value, as shown in the appraisal of the area vacated.
B. In-Lieu Transfers of Property. Conveyance of other property acceptable to the town may be made in lieu of the payment required by subsection A of this section, whether required to mitigate adverse impacts of the vacation or otherwise. When such conveyance is made for street purposes, one-half of the fair market value, as shown in the appraisal of the land conveyed, shall be credited to the required payment. When the conveyance is made in fee for purposes other than street purposes, the full appraised value of the land conveyed shall be credited to the required payment. When the value of the in-lieu parcel is less than the required payment, the petitioner shall pay the difference to the town. When the value of the in-lieu parcel exceeds the required payment, the town shall pay the difference to the petitioner.
C. Vacations Initiated by Council Resolution. The council may pass a vacation ordinance to vacate a street, alley or public place without requiring that the abutting property owners make payment to the town for such vacation where:
1. The street, alley or public place was not acquired at town expense;
2. The town determines that the street, alley, or public place is not needed for public travel either now or in the foreseeable future;
3. The town’s maintenance or upkeep of the street, alley or public place is unrelated to any use of the street, alley or public place for public travel. (Ord. 566 § 1 (part), 2005)
12.24.060 Payment of compensation or conveyance.
Upon securing the appraisal of the value of the street, alley or public place to be vacated as provided in this chapter, the town clerk shall notify the petitioner of the amount of compensation, deducting therefrom any remaining appraisal fee deposit not previously refunded to the petitioner. In the event that the petitioner has received approval of delivery of an instrument granting or dedicating to the town a parcel(s) of land in lieu of a cash payment, the town clerk, at the applicant’s expense, shall obtain a policy of title insurance insuring the title thereto in the town. (Ord. 566 § 1 (part), 2005)