Relinquishment of property or property use, refers to property acquired for public use on a permanent basis such as a street or alley easement where after a lapsed period of time either the City or the owners of the abutting property find it expedient to close the street to public use.
There are two methods by which the use of public streets is either relinquished or restricted. These are termed "ABANDONMENT" and "VACATION " and "WITHDRAWAL FROM PUBLIC USE."
E 146.1 Abandonment-Vacation
To abandon/vacate a public street, the City or the owners of the abutting property usually make a request for vacation when the street no longer serves a public use. An example would be the realignment of a highway in which a strip of land used as part of the existing highway is no longer needed for the new alignment. Other vacations may take place where a redevelopment project changes the existing street pattern and the existing streets are no longer needed.
Upon conclusion of vacation proceedings, control of the vacated property returns to the owners of the underlying fee, subject to any easements retained.
E 146.2 Withdrawal from Public Use
This differs from VACATION or ABANDONMENT in that streets are generally withdrawn from public use at the request of the Bureau of Street Maintenance and with the approval of the City Council. A withdrawal is usually requested for streets that are prohibitively expensive to maintain, in poor condition or hazardous to use, or when it is unlikely that the street will be improved to acceptable City standards in the near future. Examples are streets in slide or subsidence areas, or hillside streets that are narrow, winding and steep. Such streets are usually posted with a sign saying, "WITHDRAWN FROM PUBLIC USE" and a statement to the effect that persons using the street do so at their own risk. Barricades may be used except where owners of abutting property require continued access. Street right of way withdrawn from public use in this manner continues to be owned by the City. The street may be reopened at any time by Council action.
WITHDRAWAL FROM PUBLIC USE should not be confused with the temporary barricading of streets during construction, which requires an order from the Board of Public Works.
In specialized areas, property owners have joined together making a common request for WITHDRAWAL FROM PUBLIC USE for security purposes. They accept the maintenance responsibility and may gate the entrance.
E 146.21 Vacation Requirements
For this Part of the Manual only, some of the more pertinent requirements for effecting a VACATION will be described. To become more fully acquainted with the many procedural details involved, refer to the Los Angeles Municipal Code (LAMC), the Streets and Highways Code and Part D, Land Development.
In most cases in order for the street or alley to be vacated all of the owners of the abutting property must approve or agree to the VACATION. Property owners not having reversionary rights must also agree and sign a waiver holding the City harmless (see E 146.22). Where 100 percent agreement is not achieved, under extenuating or justifiable circumstances the City will proceed with the VACATION. However, a bond is posted (paid for by the property owners requesting the VACATION) to protect the City from any possible damage suits that may arise from dissenting property owners as a result of the proposed VACATION.
In addition to the approval of the property owners, the consent of the City Council and other public agencies must be obtained. The Council establishes the VACATION conditions to be met which could include most of the following:
- The closing of the street must not interfere with the Specific General Plan or the logical development of the area. This is checked by the Planning Department.
- The closing must not interfere with the traffic pattern or create a hazardous traffic condition. This is checked by the City Department of Transportation.
- The denial of access to emergency vehicles must not jeopardize the safety of nearby residents. This is checked by the Fire and Police Departments.
- The closing must not hamper the operation or installation of necessary facilities of the various public utilities. In some cases, a portion of the EASEMENT may have to be set aside or reserved.
When all the conditions are met, the Council approves and publishes the RESOLUTION TO VACATE, and the VACATION is completed. The owner may then use the vacated property for all of the customary private uses, with the exception of any rights retained in the resolution.
E 146.22 Reversion
When a street easement is vacated, the property involved reverts to the holder of the underlying fee. This right to abandoned property is called a "REVERSIONARY INTEREST." This means that if property is dedicated by the property owner for public use, the property owner has a REVERSIONARY INTEREST and is entitled to the use of this property upon completion of VACATION proceedings. Where the City has title, the abandoned right of way remains the property of the City.
Normally for tract subdivisions the ownership of the lots within the tract extends to the centerline of the street, and that portion reserved for street use reverts to the abutting property owner upon VACATION. Land subdivided by meters and bounds description may not necessarily use the center line of the street for the division of property and therefor a title search is usually necessary in order to determine the record title owner.
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