354.23 - VACATION OF STREETS OR OTHER PUBLIC LANDS.
354.23 VACATION OF STREETS OR OTHER PUBLIC LANDS. A city or a county may vacate part of an official plat that had been conveyed to the city or county or dedicated to the public which is deemed by the governing body to be of no benefit to the public. The city or county shall vacate by resolution following a public hearing or by ordinance and the vacating instrument shall be recorded. The city or county may convey the vacated property by deed or may convey the property to adjoining proprietors through the vacation instrument. If the vacating instrument is used to convey property then the instrument shall include a list of adjoining proprietors to whom the vacated property is being conveyed along with the corresponding description of each parcel being conveyed. A recorded vacation instrument which conforms to this section is equivalent to a deed of conveyance and the instrument shall be filed and indexed as a conveyance by the recorder and auditor. A vacation instrument recorded pursuant to this section shall not operate to annul any part of an official plat except as provided for in section 354.22.
Section History: Recent Form 90 Acts, ch 1236, §37 C91, § 409A.23 C93, § 354.23