7-5-2502. Vacation of portion of village or townsite. (1) When only a portion of any village or townsite in any unincorporated village or town is sought to be vacated or excluded therefrom and said portion is not less than three blocks in area and is situated at the limits or boundaries of said village or townsite, a verified petition may be filed in the office of the clerk of the district court of the county where said village or townsite is situated by the owner or owners of all the property sought to be vacated or excluded. The petition shall be addressed to the district court of the county, setting forth the description of the portion sought to be excluded and the reason or reasons for desiring such portion to be excluded. A citation shall thereupon be issued by the judge of the court before whom said matter is pending, citing all persons interested in said matter to appear before said court at a time and place specified in said citation, but at a time not less than 3 weeks from the date of said citation. The citation shall be published in a newspaper of regular circulation in the county or, if no such newspaper is in said county, then in such a newspaper located in an adjoining county of the state. The citation shall be published once a week for 2 successive weeks before the date of said hearing.
     (2) Upon the hearing of said petition and upon conditions that may seem reasonable, the court may vacate and exclude the portion of said village or townsite as prayed for in said petition, including any streets, alleys, parks, or boulevards upon which no public easement or easements shall vest. Such excluded property shall be described by metes and bounds in the decree of the court, and said property shall be assessed accordingly.

     History: En. Sec. 1, Ch. 6, L. 1907; Sec. 3548, Rev. C. 1907; re-en. Sec. 5308, R.C.M. 1921; amd. Sec. 1, Ch. 54, L. 1929; amd. Sec. 1, Ch. 117, L. 1935; re-en. Sec. 5308, R.C.M. 1935; amd. Sec. 1, Ch. 70, L. 1951; amd. Sec. 1, Ch. 27, L. 1955; R.C.M. 1947, 11-2803(part).