Abandonment Procedures

Outline For Road Abandonment Procedure

1. Petition signed by seven (7) freeholders (owners of property) in the Township where road is located.

2. Check list of owners attached and confirm ownership.

3. Review maps and site inspection to determine if accesses to any other properties are affected.

4. On “paper streets” Board and take action without notice or hearing if all adjoining property owners join in the Petition.

5. Existing roads (even if all adjoining property owners join in the Petition)

a. Give notice

1. Publish Notice of Petition for Abandonment in newspaper

2. Mail Notice to all property owners affected by proposed abandonment

3. Attempt personal service on any owners who are not signatories to the Petition who either own abutting property or property whose access would be impacted. If personal service cannot be accomplished, serve by mail and post Notice on property in a conspicuous place

b. Notice to be given at least thirty (30) days prior to the hearing

c. Notice should indicate time and place of hearing

d. Official giving Notice should prepare Affidavit of Service of Mailing, Personal Service or Posting, including name, address, date and form of Notice

e. Hearing held and determination on abandonment made

6. Notice of Determination given to County Clerk and Township Clerk and published once each week for three (3) successive weeks

7. Prepare Affidavit of Serving County Clerk and Township Clerk, and obtain Affidavit of Publication

8. Record certified copy of Resolution with Register of Deeds

9. For any road providing access to water follow requirements of notifying DNR and Township

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