2. Procedure for Abandonment of City Street or AlleywayCharles A. Harball Office of City Attorney
City Attorney 201 First Avenue East
P.O. Box 1997
Kalispell, MT 59903-1997
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Mayor Tammi Fisher
and Kalispell City Council
Charles Harball, City Attorney
Jane Howington, City Manager
Tel 406.758.7709
Fax 406.758.7771
charball@kalispell.com
Procedure for Discontinuance (Abandonment) of City Street or
Alleyway
October 11, 2010 — Council Workshop
BACKGROUND: A couple of matters will be coming before the Council in the next few weeks
that involve a petition or request for the City to abandon either an alleyway or property held by
the City for a future street. Although the Council has considered these matters in the past, they
occur infrequently enough that it may be useful to discuss the statutory process involved in
considering such requests. The last time the Council took action on such a request was in March
2006 regarding an alleyway that had never been constructed.
STATUTORY PROCESS: MCA 7-14-4114 and 4115 (see attached) provide the statutory
guidelines for the procedure to discontinue a street. Although the statute lacks some clarity, it
would seem that a petition signed by more than 50% of the owners of lots on the street or alley
would suffice to bring the matter before the Council. Notice of the time and place of the Council
meeting in which the matter is to be considered must then be published pursuant to the terms of
statute. The Council would then, by majority vote, have to make the finding that the
discontinuance of the street or alley can be done without detriment to the public. The property
may then be conveyed to the abutting property owners. The conveyance of the property does not
affect existing utility easements.
CURRENT REQUESTS: There have been two requests made to staff regarding abandonment
of a street or alley. The first is an alleyway that is not being utilized. The second is a parcel of
property within a subdivision that the city required in the plat in the event a through street was
eventually needed. The area is now built out and a street on that parcel is not feasible. Staff will
evaluate both requests and report to the Council regarding its opinion as to the value of these
parcels to the City for alleyway or street purposes.
Respectfully submitted,
— r�
Charles arball, C' y Attorney
7-14-4114. Procedure to discontinue streets. (1) The council may discontinue a street or alley
or any part of a street or alley in a city or town, if it can be done without detriment to the public
interest, upon:
(a) a petition in writing of all owners of lots on the street or alley; or
(b) (i) a petition in writing of more than 50% of the owners of lots on the street or alley; and
(ii) approval by a majority vote of the council.
(2) Where the street or alley is to be closed for school purposes, the council may discontinue
the street or alley upon a petition signed by 75% of the lot owners on the whole street or alley to
be closed.
(3) Before acting upon the petition, a notice must be published, stating when the petition will
be acted on and what street or alley or part of a street or alley is asked to be vacated. The notice
must be published as provided in 7-1-4127.
History: (1), (2)En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5030, Pol. C. 1895; re -en. Sec. 3479, Rev.
C. 1907; re -en. Sec. 5306, R.C.M. 1921; amd. Sec. 1, Ch. 13, L. 1929; re -en. Sec. 5306, R.C.M. 1935; amd. Sec. 1,
Ch. 1, L. 1941; amd. Sec. 1, Ch. 36, L. 1945; Sec. 11-2801, R.C.M. 1947; (3)En. Sec. 429, 5th Div. Comp. Stat.
1887; amd. Sec. 5031, Pol. C. 1895; re -en. Sec. 3480, Rev. C. 1907; re -en. Sec. 5307, R.C.M. 1921; re -en. Sec.
5307, R.C.M. 1935; Sec. 11-2802, R.C.M. 1947; R.C.M. 1947, 11-2801(part), 11-2802; amd. Sec. 1, Ch. 78, L.
1989; amd. Sec. 51, Ch. 354, L. 2001.
7-14-4115. Discontinuance of street not to affect utility easements. The vacation authorized
by 7-14-4114 shall not affect the right of any public utility to continue to maintain its plant and
equipment in any such streets or alleys.
History: En. Sec. 429, 5th Div. Comp. Stat. 1887; amd. Sec. 5030, Pol. C. 1895; re -en. Sec. 3479, Rev. C. 1907;
re -en. Sec. 5306, R.C.M. 1921; amd. Sec. 1, Ch. 13, L. 1929; re -en. Sec. 5306, R.C.M. 1935; amd. Sec. 1, Ch. 1, L.
1941; amd. Sec. 1, Ch. 36, L. 1945; R.C.M. 1947, 11-2801(part).