2006 Utah Code - 17-27a-609.5 — Vacating or altering a street or alley.

     17-27a-609.5.   Vacating or altering a street or alley.
     (1) (a) If a petition is submitted containing a request to vacate or alter any portion of a street or alley within a subdivision:
     (i) the land use authority shall, after providing notice pursuant to local ordinance and Section 17-27a-208, make a recommendation to the chief executive officer concerning the request to vacate or alter; and
     (ii) the chief executive officer shall hold a public hearing in accordance with Section 17-27a-208 and determine whether good cause exists for the vacation or alteration.
     (b) Subsection (1)(a)(i) does not apply if the chief executive officer has been designated as a land use authority.
     (2) If the chief executive officer vacates or alters any portion of a street or alley, the chief executive officer shall ensure that the plat is recorded in the office of the recorder of the county in which the land is located.
     (3) The action of the chief executive officer vacating or narrowing a street or alley that has been dedicated to public use shall operate to the extent to which it is vacated or narrowed, upon the effective date of the vacating plat, as a revocation of the acceptance thereof, and the relinquishment of the county's fee therein, but the right-of-way and easements therein, if any, of any lot owner and the franchise rights of any public utility may not be impaired thereby.

Enacted by Chapter 163, 2006 General Session