HB371 Alabama 2014 Session

Existing law provides a right of appeal to the circuit court from a governing body's decision to vacate a road or street, but does not provide a corresponding right to appeal a denial of a request

This bill would provide a reciprocal right of appeal to the circuit court to any party aggrieved by a governing body's decision to vacate or not to vacate a road or street

Under existing law, Section 23-4-20, Code of Alabama 1975, provides that when all abutting landowners request to vacate a street or alley, a governing body may still refuse to vacate the street or alley without making a finding of fact concerning the public interest supporting the refusal to approve the request to vacate

This bill would further provide for the procedure for the vacation of a road or street and would provide that if all abutting landowners request the vacation of an unpaved county road, the governing bodies could decline to vacate the county road but only if the governing body makes certain findings of fact to support the denial

To amend Sections 23-4-5 and 23-4-20, Code of Alabama 1975, relating to the vacation of public roads, streets, and highways; to provide further for appeal of decisions regarding whether to vacate a street, alley, or highway; to provide further for procedures relating to petitions to vacate; to provide for approval under certain conditions; and to provide that a governing body's decision to deny the request of a landowner to vacate an unpaved county road would be required to be supported by the governing body's detailed written findings of fact to support the denial.