Vacation of Streets for Erection of Public Buildings, Etc.

Ala. Code tit. 11, tit. 2, ch. 49, art. 6

in effect

Ala. Code § 11-49-100 Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Authorized Generally.

11-49-100. Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Authorized Generally. Whenever in the judgment of the council or other governing body of any town or city it is to the interest of the public convenience that a portion of any street in the limits of such city or town be vacated and discontinued as a highway and that such vacated portion should be used for the erection and maintenance in whole or in part thereon of any state, county, or municipal public building or railroad station or depot or street railroad station or depot, such city or town council or other governing body may, by ordinance duly adopted, vacate such portions of such street and discontinue its use as a public highway and permit the erection and maintenance in whole or in part thereon of a state, county, or municipal public building or railroad station or depot or street railroad station or depot. (Acts 1909, No. 67, p. 102; Code 1923, §2238; Code 1940, T. 37, §663.)

Ala. Code § 11-49-101 Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Required.

11-49-101. Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Required. No ordinance vacating a portion of a street as provided by Section 11-49-100 shall be adopted until after the expiration of 30 days after its first introduction, and after it has been introduced it shall be published in some newspaper published in the city or town for two successive weeks, and such publication shall also contain a statement of the time when it will be considered and that objections to its passage may then be heard by the council or other governing body; provided, however, that if the city or town has no newspaper published therein, such publication shall be made in some newspaper of general circulation published within the county where such city or town is located. If, for any reason, the ordinance is not acted on at the time stated in the said notice, it may be postponed to the next regular meeting of the council or other governing body and may thereafter be postponed by the council or other governing body to subsequent regular meetings. (Acts 1909, No. 67, p. 102; Code 1923, §2242; Code 1940, T. 37, §667; Acts 1949, No. 450, p. 655.)

Ala. Code § 11-49-102 Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Payment of Costs Thereof.

11-49-102. Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Publication of Notice as to Introduction of Ordinance and Time for Consideration Thereof by Council, Etc. - Payment of Costs Thereof. The state, county, or municipality or the railroad or street railroad company or corporation for whose use as a site in whole or in part for a public building or a railroad station or depot or street railroad station or depot the vacation is proposed to be made shall pay the cost of such publication and notice. (Acts 1909, No. 67, p. 102; Code 1923, §2243; Code 1940, T. 37, §668.)

Ala. Code § 11-49-103 Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Two-Thirds Vote of Council, Etc., Required.

11-49-103. Adoption of Ordinance for Vacation of Street and Erection of Public Building, Etc., Thereon - Two-Thirds Vote of Council, Etc., Required. Any ordinance for the vacation of a part of a street and erection of buildings thereon as is provided for in Section 11-49-100 shall be adopted only by a two-thirds vote of the council or other governing body. (Acts 1909, No. 67, p. 102; Code 1923, §2240; Code 1940, T. 37, §665.)

Ala. Code § 11-49-104 Portion of Street to Remain Open to Travel and Traffic.

11-49-104. Portion of Street to Remain Open to Travel and Traffic. A sufficiently ample portion of the highway or thoroughfare which such street in whole or in part constitutes shall remain open to accommodate the travel and traffic of the owners of abutting property and of the general public, and not more than one half of the width of such highway or thoroughfare shall be vacated for the purposes mentioned in Section 11-49-100. (Acts 1909, No. 67, p. 102; Code 1923, §2239; Code 1940, T. 37, §664.)

Ala. Code § 11-49-105 Property Rights in Vacated Portion of Street.

11-49-105. Property Rights in Vacated Portion of Street. The fee of such vacated portion of a street shall remain in the city or town, but the council or other governing body may grant the right to maintain thereon a state, county, or municipal public building or a railroad station or depot or street railroad station or depot so long and only so long as the same shall be used for the purpose for which it was vacated. (Acts 1909, No. 67, p. 102; Code 1923, §2241; Code 1940, T. 37, §666.)

Ala. Code § 11-49-106 Liability for Damages for Vacation of Street.

11-49-106. Liability for Damages for Vacation of Street. The party for whom the street may be vacated under this article shall be liable to the owners of property adjacent thereto in any civil action for any special damages suffered by them. (Acts 1909, No. 67, p. 102; Code 1923, §2244; Code 1940, T. 37, §669.)

Source: Alabama Legislature (alison.legislature.state.al.us)URL: https://alison.legislature.state.al.us/code-of-alabamaFetched: 10/20/2026