SB 224

Under current law, the common council of a city, except a first class city, or a

village or town board (governing body) may discontinue all or a portion of a public

way. A proceeding to discontinue a public way may be initiated by a written petition

of owners of property fronting on the way or by resolution of the governing body.

Upon receipt of a petition or introduction of a resolution, the governing body must

provide public notice of the time and place at which the petition or resolution will be

considered. The governing body is also required to provide a copy of the petition or

resolution to the secretary of transportation if the public way that is the subject of

the petition or resolution is located within one-quarter mile of a state trunk highway

or connecting highway.

Also under current law, the common council of a first class city may discontinue

a highway, street, alley, ground, waterway, public walk or other public grounds

(public facility) within the corporate limits of the city. A proceeding to discontinue

a public facility may be initiated by a petition of all owners of property abutting the

public facility or by resolution of the common council. A notice of hearing must be

served upon all owners of record of property abutting the public facility subject to the

discontinuance proceeding.

Under this bill, a governing body or the common council of a first class city must

provide a copy of the petition or resolution to discontinue to the commissioner of

railroads if there is a railroad highway crossing within the portion of the public way

or public facility that is the subject of the petition or resolution to discontinue.