2006 Nebraska Revised Statutes - § 17-419 — Additions; plat; how vacated; approval required.

Section 17-419
Additions; plat; how vacated; approval required.

Any such plat may be vacated after approval of the governing body by the proprietors thereof, at any time before the sale of any lots therein, by a written instrument declaring the same to be vacated. Such written instrument shall be approved by the governing body and shall be duly executed, acknowledged or proved, and recorded in the same office with the plat to be vacated. The execution and recording of such writing shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys, commons, and public grounds laid out or described in such plat. In cases when any lots have been sold, the plat may be vacated, as herein provided, by all the owners of lots in such plat joining in the execution of the writing aforesaid.

Source:

Laws 1879, § 108, p. 234

R.S.1913, § 5096

C.S.1922, § 4269

C.S.1929, § 17-418

R.S.1943, § 17-419

Laws 1985, LB 51, § 1

Annotations:

Upon vacation of plat of addition to city of second class, property in streets vacated reverts to adjoining landowner. City of Ord v. Zlomke, 181 Neb. 573, 149 N.W.2d 747 (1967).

Effect of vacation of plat of street is discussed and determined. Dell v. City of Lincoln, 170 Neb. 176, 102 N.W.2d 62 (1960).

Only those property owners whose property abuts on the vacated part of the street need join in the deed of vacation. Village of Hay Springs v. Hay Springs Commercial Co., 131 Neb. 170, 267 N.W. 398 (1936).

~Reissue Revised Statutes of Nebraska