The Alley Vacation

The vacation of public right of way requires review by City Plan Commission and Public Works Board and approval by the City Council. Notice is also forwarded to all public utility companies.
Because all public streets are designed so as to provide a safe, convenient and functional system for vehicular traffic, and having such width, gradient, location and structural quality as to accommodate prospective traffic as determined by existing and probable future land and building uses. Probable traffic includes fire trucks, ambulances and other vehicles of substantial width, length and weight that need streets built to the city standards.
A right-of-way is a strip of land acquired by reservation, forced dedication, or condemnation for the place of streets, alleys and public appurtenances. It is intended for traffic movement, utilities, and similar public uses such as roads, clear zones for traffic safety, sidewalks and pathways for pedestrian safety, utility services above, at, and below ground. A right-of-way may extend anywhere from 25 to 50 feet in both directions from the centerline of the road onto the lawn area. Rights-of-way vary in width, with most being 60 to 80 feet wide.
Assets within the right of way may include the pavement, curb, gutter, sidewalks, vegetation, stormwater drainage systems and/or ditches, sewer and water lines, telephone, power, gas and cable TV.
During the winter season, the right-of-way behind the roadway is reserved for snow storage to expedite snow removal. This area may extend seven feet or more beyond the road edge. Landscaping in these areas is limited to city standards only.
Minor streets make up the great majority of Lake Mill’s street system. These streets serve local circulation needs – auto, bicycle, and pedestrian – and provide access to land uses located along the street. Local service streets should not carry significant volumes of through traffic. Many reported neighborhood traffic problems are concerned with the interactions of autos and residential livability on local service streets.
Collectors are intended to be the links between the local service streets and major city traffic streets. Shorter trips and access to commercial uses should also be emphasized in the design of neighborhood collectors.
Standard Arterial streets are similar to neighborhood collectors, except they serve larger geographical areas and/or more concentrated development.
Primary Arterial streets are designed to serve trip movements between different districts of the City and to allow access to abutting properties without disrupting traffic flow.
Principal Arterials are intended to serve heavy volumes of regional traffic and are access-restricted facilities, such as the Beltline in Madison.
The vacation of a public right of way must be considered very carefully because of the health, safety and welfare reasons for the original dedication. The following is the state law regarding vacations.
RIGHT OF WAY VACATION PROCESS
If the council initiates a platted street or road alteration or discontinuance:
• A public hearing on the passage of the resolution must be set not less than 40 days after the introduction of the resolution; and
• The notice of the public hearing must state when and where the resolution will be acted upon and what platted street or road, or part thereof, is proposed to be altered or discontinued; and
• This notice must be published as a "Class 3 Notice" as per Ch. 985, Wis. Stats. (see example this section); and • The owners must be served with a notice in the manner required for the service of a summons in the circuit court at least 30 days prior to the public hearing.
PROCESS
In addition, the procedure in s. 840.11, Wis. Stats., must also be followed:
• A notice of pendency (notice of lis pendens) must be filed in the register of deeds office at or prior to the time the application to vacate (by court action), or alter or discontinue (by resolution) a street or road must be filed with the proper officer.
• The notice of pendency must contain the persons name, a brief statement of the object thereof and a map and description of the land that is affected.
• Failure to comply with the provisions of s. 840.11, Wis. Stats., shall render all proceedings based on the application void.
REVERSION
Wis. Stats. Upon discontinuance, a platted street or road right-of-way reverts:
• To the original owner(s) if that can be ascertained.
-OR-
• The land is equally divided between the owners on either side of the centerline of the discontinued street or road.