CHAPTER 42

(HB 1165)

Hearing and notice provisions to vacate a municipal street or alley.

         ENTITLED, An Act to  revise certain provisions concerning notice and hearing requirements for vacating a municipal street or alley.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 9-45-11 be amended to read as follows:

     9-45-11.   The After the filing of a petition pursuant to §  9-45-11, the governing body shall cause notice of the time and place when a petition under § 9-45-10 will be considered to be published give notice by publication once each week for at least two successive weeks , and such hearing shall take place not less than thirty days from the date of the first publication of such . The notice shall state that a petition has been filed, briefly state the object of the petition, and the date that the petition will be heard and considered by the governing body or the committee appointed by the governing body for that purpose. The hearing shall be held within ten days from the last publication of the notice. Upon the hearing it shall be is sufficient to establish that the street, or alley, or any part thereof to be vacated, has not been used, worked, or traveled as such during the twenty years next preceding the time for the meeting and since the recording of the plat thereof.

     Signed February 23, 2007

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