§ 5.9.3. Review criteria.

To approve a right-of-way or easement vacation, the county commissioners consider the following review criteria and find that each criterion has been met or determined to be inapplicable:

A.

Approval of the vacation request will not leave any land adjoining the right-of-way without an established public road or private access easement connecting the land with another established public road, or without utility or drainage services;

B.

The recommendations of referral agencies have been considered; and

C.

Any right-of-way that is vacated will be divided equally between the lots on each side, unless it can be demonstrated that all of the right-of-way was originally taken from one parcel. In that case, the right-of-way will be returned to that parcel. Property owners on each side of the right-of-way may agree to divide the vacated right-of-way differently but must sign deeds to transfer ownership after the county commissioners approve the vacation.

(Res. No. 05022006R001, 5-2-2006)