Nebraska Revised Statute 18-3308

Chapter 18 Section 3308

18-3308.

Additions; plat; how vacated; approval required.

Any plat created pursuant to section 18-3304 may be vacated at any time before the sale of any lots contained in such plat by a written instrument declaring such plat to be vacated. Such written instrument shall be approved by the city council or village board of trustees and shall be duly executed, acknowledged, or proved, and recorded in the same office with the plat to be vacated. The execution and recording of such written instrument shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in the streets, alleys, commons, and public grounds laid out or described in such plat. In cases when any lots have been sold, the plat may be vacated, as provided in this section, by all the owners of lots in such plat joining in the execution of such written instrument.

Source

  • Laws 1879, § 108, p. 234;
  • R.S.1913, § 5096;
  • C.S.1922, § 4269;
  • C.S.1929, § 17-418;
  • R.S.1943, § 17-419;
  • Laws 1985, LB 51, § 1;
  • R.S.1943, (2012), § 17-419;
  • Laws 2017, LB133, § 319.
  • Effective Date: August 24, 2017

Annotations

  • Upon vacation of plat of addition to city of second class, property in streets vacated reverts to adjoining landowner. City of Ord v. Zlomke, 181 Neb. 573, 149 N.W.2d 747 (1967).

  • Effect of vacation of plat of street is discussed and determined. Dell v. City of Lincoln, 170 Neb. 176, 102 N.W.2d 62 (1960).

  • Only those property owners whose property abuts on the vacated part of the street need join in the deed of vacation. Village of Hay Springs v. Hay Springs Commercial Co., 131 Neb. 170, 267 N.W. 398 (1936).