City Commission Policy 410 - Abandonment of City Right-of-Way Policy
DEPARTMENT: Planning
DATE ADOPTED: December 14, 1981
DATE OF LAST REVISION: April 8, 1992
410.01 AUTHORITY: City Commission Action on December 14, 1981.
410.02 SCOPE APPLICABILITY: Application for abandonment of City right-of-way.
410.03 POLICY STATEMENT:
- The City of Tallahassee will not consider any application for right-of-way abandonment, if the subject right-of-way is currently being used by the City, or if the City has any plans to use the right-of-way at some point in the future.
- Abandonment of right-of-way must be demonstrated to be in the best interest of the general public. Neither abandonment of a right-of-way solely for the purpose of placing it on the tax rolls in its current state, nor abandonment of a right-of-way solely to benefit an abutting property owner, is considered to be sufficient to meet the test of "in the public's best interest."
- Abandonment of right-of-way automatically reverts only to abutting property owners with one-half of the right-of-way going to each owner by operation of law upon adoption of a City ordinance.
- Provide applicant with a Quit Deed for recording, if the right-of-way is abandoned.
410.04 DEFINITIONS: None.
410.05 EXCEPTIONS: None.
410.06 ACTIONS:
- The Tallahassee-Leon County Planning Department shall advise the applicant or representative of the applicable policies. The policies shall be included in all agenda materials pertaining to the right-of-way abandonment submitted to the Planning Commission and City Commission.
410.07 PROCEDURES: Abandonment shall be processed as Type D reviews.
410.08 ADMINISTRATION: Tallahassee-Leon County Planning Department.
410.09 SUNSET REVIEW: March 25, 1997.
410.10 EFFECTIVE DATE: April 8, 1992.