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This entry was published on 2014-09-22
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SECTION 101
Discontinuance of streets
Second Class Cities (SCC) CHAPTER 53, ARTICLE 7
§ 101. Discontinuance of streets. Whenever the common council shall
contemplate the discontinuance of any street, it shall cause a notice to
be published for ten days in the official newspaper or newspapers of the
city of its intention so to do, and that all persons interested may be
heard in reference thereto at a time stated in such notice. If it shall
be determined to discontinue the street and any person shall claim to be
damaged by such discontinuance, such alleged damages, unless agreed to
by the commissioner of public works and approved by the board of
estimate and apportionment, must be ascertained and determined in the
manner provided by law for ascertaining damages for lands taken for the
opening of streets. An ordinance discontinuing any street shall require
the affirmative vote of three-fourths of all the members of the common
council. Whenever a street, or any part thereof, the fee of which is in
the city, shall be discontinued, the lands embraced within the limits of
such street, or any part thereof, may be exchanged for other lands
within the limits of the city, upon such terms and conditions as the
common council may by ordinance prescribe.