28-7201. Definitions In this article, unless the context otherwise requires: 1. " Governing body" means the city or town council or other authority of a city or town, the board of supervisors of a county or the transportation board. 2. " Owner" or " owners of record" includes a person, firm, partnership, association or corporation. […]
28-7202. Disposition of unnecessary public roadways If a governing body determines that a public roadway owned by the city, town, county or state or a portion of the roadway is not necessary for public use as a roadway, the governing body may dispose of or use the roadway as provided in this article.
28-7203. Roadway exchange A roadway or portion of a roadway may be exchanged with an abutting owner for all or part of a new public roadway, and title vests in the grantee when the exchange is made.
28-7204. Roadway sale; definition A. The governing body may authorize the director to sell and convey the land within the roadway or portion of the roadway by quitclaim deed. B. On conveyance, the roadway or portion of the roadway is deemed vacated, title to the roadway or portion of the roadway vests in the grantee […]
28-7205. City, town or county road vacated If the roadway is a city, town or county roadway, the governing body may resolve that the roadway or portion of the roadway be vacated. On the making of the resolution, title to the roadway or portion of the roadway vests, subject to the same encumbrances, liens, limitations, […]
28-7206. Planned development roadway vacated Notwithstanding section 28-7205, if the roadway is a city, town or county roadway in a planned development, the governing body may resolve that the roadway or portion of the roadway be vacated and that title to the vacated roadway or portion of the roadway vests in the owners association if […]
28-7207. State roadway abandoned If a roadway is a state roadway, the governing body may resolve that this state’s interest in the roadway or portion of the roadway be abandoned. On abandonment: 1. This state’s interest in the part of the roadway that is located outside the boundaries of incorporated cities or towns vests in […]
28-7208. Consideration required Notwithstanding any other law, except as provided in section 28-7215, vesting of title pursuant to sections 28-7205, 28-7206 and 28-7207 is subject to the giving of consideration from the owner of the abutting property to the governing body in an amount deemed by the governing body to be commensurate with the value […]
28-7209. Vacated or abandoned highway; affected jurisdiction; procedure A. If the board vacates or abandons a portion of a state route or state highway pursuant to section 28-304, the board shall: 1. Vacate or abandon the portion of the route or highway in cooperation with an affected jurisdiction and in full recognition of the financial […]
28-7210. Reservation of easements Rights-of-way or easements for the following continue as they existed before the disposal or abandonment of the rights-of-way or easements: 1. Existing sewer, gas, water or similar pipelines and appurtenances. 2. Canals, laterals or ditches and appurtenances. 3. Electric, telephone and similar lines and appurtenances.
28-7211. Notice; hearing; appraisal The governing body or the board, in the case of this state, may give notice of pending disposition of roadways, hold hearings, obtain appraisals and take other similar action in connection with the disposition if it deems the action necessary or advisable.
28-7212. Disposition; joint action A. The part of a county roadway that is the boundary line between two counties shall not be disposed of except by joint action of the boards of supervisors of both counties. B. The part of a state or county roadway that is a boundary line of an incorporated city or […]
28-7213. Resolution; effective date A governing body’s resolution that disposes of a roadway or a portion of a roadway or that applies the roadway to another public use shall: 1. Describe the roadway and its disposition or use. 2. Take effect when it is recorded in the office of the county recorder of the county […]
28-7214. Extinguishment of easements If this state or a city, town or county does not own title to a roadway but holds right-of-way easements, the easements may be extinguished by the governing body’s resolution.
28-7215. Public road access; vacating public roadway without compensation A. A roadway shall not be vacated if any land adjoining the roadway is left without a public or private legal access connecting the land with an established public roadway, unless there is expressly reserved in the conveying instrument the roadway rights of ingress and egress […]
