2005 Idaho Code - 50-1321 — NECESSITY FOR CONSENT OF ADJOINING OWNERS -- ACKNOWLEDGMENT AND FILING OF CONSENT -- LIMITATION ON RULE -- PREREQUISITES TO ORDER OF VACATION

                                  TITLE  50
                            MUNICIPAL CORPORATIONS
                                  CHAPTER 13
                             PLATS AND VACATIONS
    50-1321.  NECESSITY FOR CONSENT OF ADJOINING OWNERS -- ACKNOWLEDGMENT AND
FILING OF CONSENT -- LIMITATION ON RULE -- PREREQUISITES TO ORDER OF VACATION.
No vacation of a public street, public right of way or any part thereof having
been duly accepted and recorded as part of a plat or subdivided tract shall
take place unless the consent of the adjoining owners be obtained in writing
and delivered to the public highway agency having jurisdiction over said
public street or public right of way. Such public street or public right of
way may, nevertheless, be vacated without such consent of the owners of the
property abutting upon such public street or public right of way when such
public street or public right of way has not been opened or used by the public
for a period of five (5) years and when such nonconsenting owner or owners
have access to his, her or their property from some other public street,
public right of way or private road. However, before such order of vacation
can be entered it must appear to the satisfaction of the public highway agency
that the owner or owners of the property abutting said public street or public
right of way have been served with notice of the proposed abandonment in the
same manner and for the same time as is now or may hereafter be provided for
the service of the summons in an action at law. Any vacation of lands within
one (1) mile of a city shall require notification and consent of the city.