§ 50-536. Vacation and annulment of plats subdividing lands.

(a)

Whenever it is discovered, after the plat has been recorded in the public records, that the developer has previously caused the lands embraced in a second plat to be differently subdivided under and by virtue of another plat of the same identical lands, and the first plat was also filed of public record at an earlier date, and no conveyance of lots by reference to the first plat so filed appears of record in such county, the board of county commissioners is authorized and directed to and shall, by resolution, vacate and annul the first plat of such lands appearing of record upon application of the owners of all lots shown and designated upon the second and subsequent plat of such lands, and the circuit court clerk of the county shall thereupon make proper notation of the annulment of such plat upon the face of such annulled plat.

(b)

Whenever it is discovered that the filing of a plat subdividing a parcel of land located in the county, the developer of the lands therein and thereby subdivided did cause such lands embraced in such plats, or a part thereof, to be again and subsequently subdivided under another plat of the same identical lands or a part thereof, which such second plat was also filed at a later date, and it is further made to appear to the board of county commissioners of the county that the filing and recording of the second plat would not materially affect the right of convenient access to lots previously conveyed under the first plat, the board of county commissioners of the county is authorized, by resolution, to vacate and annul so much of the first plat of such lands appearing of record as are included in the second plat, upon application of the owners and developer of such lands under the first plat or their successors, grantees or assignees, and the circuit court clerk of the county shall thereon make proper notation of the action of the board of county commissioners upon the face of the first plat.

(c)

The board of county commissioners may adopt resolutions vacating plats in whole or in part of subdivisions in the county returning the property covered by such plats either in whole or in part into acreage. Before such resolutions of vacating any plat either in whole or in part shall be entered by the board of county commissioners, it must be shown that the persons making application for such vacation own the fee simple title to the whole or that part of the tract covered by the plat sought to be vacated, and it must be further shown that the vacation by the board of county commissioners will not affect the ownership or right of convenient access of persons owning parts of the subdivision.

(d)

Persons making application for vacation of plats either in whole or in part shall give notice of their intention to apply to the board of county commissioners to vacate such plat by publishing legal notice in a newspaper of general circulation in the county in which the tract or parcel of land is located, in not less than two weekly issues of such paper, and must attach to the petition for vacation the proof of such publication, together with certificates showing that all state and county taxes have been paid. If such tract or parcel of land is within the corporate limits of any incorporated city or town, the board of county commissioners shall be furnished with a certified copy of resolution of the town council or city commission, as the case may be, showing that it has already by suitable resolution vacated such plat or subdivision or such part thereof sought to be vacated.

(e)

Every such resolution by the board of county commissioners shall have the effect of vacating all streets and alleys which have not become highways necessary for use by the traveling public. Such vacation shall not become effective until an original or a certified copy of such resolution has been filed in the offices of the circuit court clerk and duly recorded in the public records of such county.

(1991 LDR ch. 71, § 5.06)