The majority of streets and right-of-ways that become our
transportation system came about through the platting of a subdivision. When lots are created public right-of-ways
are required to get people to and from the lots. With a platting of a public right-of-way the
plat dedicates to the public the use of the property in perpetuity. To remove a platted right-of-way the statutes
require a procedure known as a vacation of them. The process involves a public hearing with
published and mailed notice to affected property owners. The process can be initialed by a petition of
the abutting property owners or by action of the city council.
A petition was received and a public hearing was held on May
1st to consider the vacation of a small strip of right-of-way that
lead from the platted portion of Hilltop Drive to the shore of Lake Ossawinnamakee. This right-of-way is 16.5 feet wide and
approximately 210 feet long. Given it
terminates at a lake, providing public access, the Commissioner of the DNR is also given notice. They are invited to comment on the proposed
vacation. At the public hearing
individuals were given the opportunity to speak for or against the proposed
vacation. A good amount of testimony was
heard. The statutes require the city
council find it is in the best interests of the city to vacate a roadway. In other words the city must find a benefit
in the vacation.
The DNR, in responding to the proposed vacation had recommended
denying it based on a number of factors.
1. The
right of way was dedicated to the public for public use. It provides multimodal access to the lake.
2. The
vacation as proposed provides no public benefit to match the value of the
current and potential public resource.
3. Although
the access is generally undeveloped and the DNR does not advocate improvements,
it provides lake access. They cannot
anticipate what needs may exist for public access on this lake in 100 years,
but once this valuable land leaves public ownership; it is likely gone for
good.
4. The
proposed road vacation negatively impacts access to public waters. The public has the right to use all of the
public waters in the state. The public
includes persons other than those in the immediate vicinity.
This access point also provides a location in which the Fire
Department can access the lake to draft water in an emergency, as there are no
fire hydrants to use. It was stated that
this is part of their fire protection program.
At the conclusion of the public hearing the council
considered the request and voted unanimously to deny the request stating the
above findings as well as the need to preserve the option for fire
protection.
