71.270. Streets, easements and commons in subdivision outside limits--petition--notice.
Streets, easements and commons in subdivision outsidelimits--petition--notice.
71.270. 1. Whenever a tract or parcel of land, being outside the limitsof any incorporated town, village or city shall have been subdivided andstreets, avenues, roads, alleys, public easements, public square or commonmarked on the recorded plat of said subdivision, the county commission of thecounty in which the subdivision is located may vacate the streets, alleys,roads, public easements, public square or common or part of either uponpetition of the owner or owners of the ground lying on both sides of orfronting on the street, avenue, road, alley, public easement, public square orcommon, or part of such street, avenue, road, alley, public easement, publicsquare or common, proposed to be vacated.
2. No such vacation shall be ordered until proof shall be made to thecommission of the publication in a newspaper published in the county or ofwritten or printed notices posted in five public places in the county, atleast fifteen days prior to the term of the commission at which such petitionshall be presented, that application would be made at that term of thecommission for the vacation of the street, avenue, road, alley, publiceasement, public square or common, or part thereof, as described in thepetition. Such notice shall state distinctly the nature of the petition, whenit is to be made, and what street, avenue, road, alley, public easement,public square or common or part of such street, avenue, road, alley, publiceasement, public square or common, is proposed to be vacated. Utilityproviders which provide service in the area of the street, avenue, road,alley, public easement, public square or common, or any part of such street,avenue, road, alley, public easement, public square or common, sought to bevacated shall be notified of the petition by the proponent of the petition.
3. If no person interested in such subdivision shall appear and showcause to the commission why the vacation should not be made, the commissionmay make the order for the vacation as requested in the petition.
4. In the event that the commission orders the requested vacation, suchorder shall be filed with the office of the county recorder of deeds.
(RSMo 1939 § 7320, A.L. 1957 p. 276, A.L. 1999 H.B. 779)Prior revisions: 1929 § 7169; 1919 § 8618; 1909 § 9506