Outline for Road Abandonment Procedure
- Petition signed by seven (7) freeholders (property owners) in the township where the road is located.
- Attach a checklist of property owners and confirm ownership.
- Review maps and conduct a site inspection to determine whether access to other properties will be affected.
- For “paper streets,” the Board may take action without notice or hearing if all adjoining property owners join the petition.
- For existing roads (even if all adjoining property owners join the petition):
- Provide notice:
- Publish a Notice of Petition for Abandonment in a newspaper.
- Mail notice to all property owners affected by the proposed abandonment.
- Attempt personal service on any non-signing owners who own abutting property or property whose access would be impacted. If personal service cannot be completed, serve by mail and post notice on the property in a conspicuous place.
- Provide notice at least thirty (30) days before the hearing.
- Indicate the time and place of the hearing in the notice.
- The official providing notice must prepare an Affidavit of Service for mailing, personal service, or posting, including the name, address, date, and form of notice.
- Hold a hearing and make a determination on the abandonment.
- Provide notice:
- Provide Notice of Determination to the County Clerk and Township Clerk and publish notice once each week for three (3) successive weeks.
- Prepare an Affidavit of Service for the County Clerk and Township Clerk and obtain an Affidavit of Publication.
- Record a certified copy of the Resolution with the Register of Deeds.
- For any road providing access to water, follow the requirements for notifying the Department of Natural Resources (DNR) and the township.