White Pine County Unincorporated
City Zoning Code

It shall be the purpose of this chapter to establish, for the public good, a procedure for the vacation or abandonment of streets, alleys or easements, owned or controlled by White Pine County. (Ord. 375 §1, 2002)

   A.   Any abutting property owner, or White Pine County, desiring the vacation or abandonment of any street, alley or easement owned, or controlled by White Pine County, shall file a petition, in writing, with the planning commission. Said petition shall be filed no less than twenty one (21) days prior to the day of the planning commission meeting and shall be accompanied by: a legal description, prepared and certified by a licensed land surveyor, of the street, alley or easement, and that portion thereof for which vacation or abandonment is sought; a map prepared after an accurate survey of the street, alley or easement, sought to be vacated or abandoned, specifically illustrating all property boundaries, easements and any other property interest that may be affected by the proposed vacation or abandonment; the reason(s) why the street, alley or easement is no longer required for beneficial public use; and, a filing fee in the amount to be set by the board of county commissioners of White Pine County, to cover all costs, including, but not limited to, advertising, postage, and copy costs, and that may be adjusted from time to time by resolution of the board of county commissioners of White Pine County.

   B.   Upon the filing of a petition, the planning commission shall set the matter for public hearing.

   C.   Notice of the public hearing shall be published once in a newspaper of general circulation within the county at least ten (10) days prior to the hearing. Each owner of property abutting the proposed vacated or abandoned real property, shall be notified by certified mail at least ten (10) days prior to the hearing of the scheduled date and time of the hearing.

   D.   Subsequent to the public hearing of the planning commission, the planning commission shall make a recommendation to the board of county commissioners of White Pine County, by submitting to the board of county commissioners the map of the proposed abandonment, certified by the regional planning commission, and indicating their recommendation to either approve or deny the abandonment.

   E.   Upon receipt of the resolution from the planning commission, the board of county commissioners shall set the matter for public hearing. Notice of said hearing shall be published once in a newspaper of general circulation in White Pine County, at least ten (10) days prior to the hearing. Each owner of property abutting the proposed vacated or abandoned real property shall be notified by certified mail, of the public hearing, at least ten (10) days prior to the hearing.

   F.   Upon public hearing, if the board of county commissioners is satisfied that the public will not be materially injured by the proposed vacation or abandonment, it shall order the street, alley or easement vacated or abandoned. The order may be made conditional and the order becomes effective only upon the fulfillment of the conditions prescribed.

   G.   The order, petition, description and map must be recorded in the office of the White Pine County recorder, as soon as all of the conditions of the order have been fulfilled.

   H.   Upon recordation, title to the described property or easement reverts to the abutting property owners in approximate proportion that the property was dedicated by the abutting property owners or their predecessors in interest. (Ord. 375 §1, 2002)