Street vacations or closures of public ways can be very problematical to utilities, Telco’s and cable companies. If one of the above organizations is occupying a public right of way it is usually because of a franchise right or license.

If a property owner requests that a street or alley be closed. They petition the local governing agency (village, town, city, county, etc.) If the governing agency agrees that the public way could be closed then the process begins.

Now comes the important issue for occupants of the public way: a reservation must be requested of the governing agency. This means that when the agency completes the closure, a reservation for an easement is part of the resolution.

Special Note

Most states, not all, have enacted state statutes making it mandatory for governing agencies to notify all occupants of a public right of way before any closing or vacation can occur. You can get on your state’s web site and type in street vacation or road closures to find out what the law is in your state.

If you have any questions or comments please e-mail Jerry Moran at nmi@flash.net

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