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This document outlines the procedures for petitioning the Indian River County Board of County Commissioners to vacate or abandon publicly dedicated rights-of-way, easements, or alleys, including fees,
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How to fill out petition for abandonment of

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How to fill out PETITION FOR ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY AND EASEMENTS OR ALLEYS PROCEDURES

01
Obtain the PETITION FOR ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY AND EASEMENTS OR ALLEYS form from your local government office or website.
02
Fill out the petition form with your personal details, including your name, address, and contact information.
03
Provide a detailed description of the rights-of-way, easements, or alleys you wish to abandon, including their location and dimensions.
04
Explain the reason for the abandonment and how it will benefit you or the community.
05
Attach any necessary maps or documents that support your request for abandonment.
06
Review the petition for completeness and accuracy before submission.
07
Submit the completed petition to the appropriate local government department, along with any required fees.
08
Attend any scheduled hearings or meetings regarding your petition, if applicable.

Who needs PETITION FOR ABANDONMENT OF PUBLICLY DEDICATED RIGHTS-OF-WAY AND EASEMENTS OR ALLEYS PROCEDURES?

01
Property owners who seek to abandon a publicly dedicated right-of-way, easement, or alley that affects their property.
02
Developers planning to modify land use that involves existing rights-of-way or easements.
03
Local governments or municipalities looking to streamline public access and improve land use.
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People Also Ask about

Include all relevant information Identify the existing property and the proposed easement. Specify what type of easement is being created (e.g. right of way, access, etc.) Include the legal description of the easement. Specify the duration of the easement (e.g. 20 years, in perpetuity, etc.)
An abandonment relinquishes the City's interest in all or a portion of the previously dedicated public easement or street or alley right-of-way, thereby giving a property owner more usable area.
Abandonment does not assign ownership or affect other property rights in the abandoned property, but rather releases the City's interest in the area. What area can I abandon? The area can be a portion or all of the easement or right-of-way/alley depending on the use and purpose of the easement or right-of-way/alley.
A: Under California law, a city generally cannot abandon a public road without following a specific legal process, which includes providing notice to affected property owners.
An easement is considered to be abandoned by the holder if the holder does something that shows a clear intent to stop using the easement permanently. However, non-use alone is not enough to be considered abandonment.
Defining Right of Way: It's crucial to note that the party with the right of way doesn't own the land; they simply have the right to use it for a particular purpose.

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This petition is a formal request to abandon or vacate a public right-of-way, easement, or alley that has been dedicated for public use. The procedures involve submitting an application to local authorities for consideration and approval.
Typically, the property owner adjacent to the dedicated right-of-way, easement, or alley is required to file the petition. However, interested parties or stakeholders may also file.
To fill out the petition, the applicant must provide necessary information including their name, address, the specific right-of-way or easement involved, reasons for abandonment, and any other supporting documentation as required by local regulations.
The purpose is to formally request the removal of public rights-of-way, easements, or alleys to allow for private property use or development, while ensuring that necessary public infrastructure considerations are addressed.
The petition must report information such as the petitioner’s contact details, a description of the location and nature of the right-of-way or easement, the legal justification for the abandonment, and any impact assessment on adjacent landowners or public services.
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