SEC. 2-26.2. ABANDONMENT OF PUBLIC RIGHTS-OF-WAY.
(a) Application by property owner. A property owner whose property abuts a public right-of-way may apply to the city manager for abandonment, in whole or in part, of the abutting right-of-way. An application must be accompanied by:
(1) a nonrefundable application fee of $5,000, plus recording fees;
(2) the written concurrence of all persons who own property abutting the area proposed to be abandoned; and
(3) copies of recorded deeds showing current ownership of all property abutting the area proposed to be abandoned.
(b) Investigation and notice. Upon receipt of an application for abandonment of a public right-of-way, the city manager or the city manager’s designee shall investigate the request and send written notice of the requested abandonment to all affected city departments, all public service franchise holders, and, if the proposed right-of-way abandonment is outside of the central business district freeway loop, then to all persons owning property within 300 feet of the right-of- way proposed to be abandoned.
(c) Date of valuation. The date for establishing the market value of the area proposed to be abandoned is the date the abandonment request is considered by the city council. Any independent appraisal used to establish market value for an abandonment must be performed not more than 180 days before the date on which the city council considers the abandonment request. The city manager or the city manager’s designee may require that a more current independent appraisal be performed at the applicant’s expense if the city manager or the city manager’s designee determines that the market value of the proposed abandonment area has significantly changed since the date of the last independent appraisal.
(d) Market value.
(1) If the estimated abandonment fee, to be established in accordance with Subsection (f), is less than $20,000:
(A) the city staff may use the appraised land value per square foot, as determined by the Dallas Central Appraisal District, of a fee simple interest in a useable tract of an abutting property to determine market value of the area proposed to be abandoned; or
(B) the city manager or the city manager’s designee may obtain an independent appraisal of the property to determine the per-square- foot market value of the area proposed to be abandoned, if the city manager or city manager’s designee has reason to believe the proposed abandonment area has experienced increases in property value.
(2) If the estimated abandonment fee is $20,000 or more, the city manager or the city manager’s designee shall obtain an independent appraisal of the property to determine the per-square-foot market value of the area proposed to be abandoned.
(3) If an independent appraisal is obtained under Paragraph (1)(B) or (2) of this subsection, the proposed abandonment area must be appraised as if it were an assembled portion of the applicant’s abutting property. The applicant shall pay the city the cost of an independent appraisal whether or not the abandonment is approved.
(e) Cases of disputed value. If the first appraisal obtained by the city is disputed by the applicant, the applicant shall obtain a second independent appraisal at the applicant’s expense. If the city manager or the city manager’s designee determines that there is a substantial difference between the two appraisals, the city manager or the city manager’s designee shall engage an independent appraiser to perform a review appraisal, the cost of which must be paid by the applicant. The city manager or the city manager’s designee shall then make a final determination of market value, which will be binding upon both parties.
(f) Fees for abandonment. Before the city council authorizes the abandonment of all or part of a public right-of-way, the applicant shall pay an abandonment fee calculated in accordance with one of the following methods:
(1) Fee for a street, alley, or storm water management area abandonment: an amount equal to the square footage of the area abandoned x the market value of the area per square foot, or a $11,150 processing fee, whichever is greater. If property rights are retained by the city, the appraiser may, if warranted, discount the market value up to, but not exceeding:
(A) 15% for a full abandonment with any encumbrance or easement retained;
(B) 30% for an air rights abandonment;
(C) 70% for a subsurface rights abandonment; and
(D) 85% for an air rights abandonment deed restricted against use.
(2) Fee for an abandonment of a utility or drainage easement originally dedicated to the city at no cost: $11,150 processing fee, plus $1,000 for each easement in excess of five being abandoned.
(3) Fee for an abandonment of a utility or drainage easement originally purchased by the city: an amount equal to the greatest of:
(A) the square footage of the area abandoned x the market value of the area per square foot x 50%;
(B) the square footage of the area abandoned x the per-square-foot purchase price of the easement when originally purchased by the city; or
(C) a $11,150 processing fee.
(4) Fee for an abandonment of a street, alley, or storm water management area originally dedicated at no cost to the city when the original dedicator applies for abandonment before the sale of abutting property has been made: $11,150 processing fee.
(g) Other abandonment regulations. The following regulations govern abandonment of public rights-of-way when applicable:
(1) If additional property owned by an applicant in the area of the proposed abandonment is needed by the city for public streets or other public purposes, the applicant may be allowed a square foot for sq
(2) An applicant will not be allowed a credit against the proposed abandonment for the dedication of a utility easement or the conversion of a right-of-way to a utility easement.
(3) An applicant will not be allowed a credit against the proposed abandonment for conversion of a right-of-way to a private street, private alley, or private drive, except when allowed under Subsection (h) of this section.
(4) The fees and procedures specified in this section, except for the processing fees required by Subsections (f), (g)(1), and (h)(4), may be waived or modified for a particular parcel of land upon approval of the city council, unless otherwise provided by another city ordinance, the city charter, or state law.
(h) Abandonment credit for private streets, alleys, and drives.
(1) An applicant will be allowed a credit against the proposed abandonment of a public right-of- way in a residential development if the applicant is a developer who has acquired an area for development and agrees to construct the following or is a homeowner or homeowner association who desires to convert existing public streets and alleys in a development into the following:
(A) private streets and private alleys in an R, R(A), D, D(A), TH, TH(A), CH, or central area district, as defined in the Dallas Development Code, adequate to serve the area’s development, provided that:
(i) each private street or private alley complies with all standards and requirements governing private streets and alleys set forth in Section 51A-4.211 of the Dallas Development Code;
(ii) the applicant obtains a special use permit for each private street or private alley as required by Section 51A-4.211 of the Dallas Development Code;
(iii) the applicant agrees to accept full responsibility for maintenance of each private street or private alley; and
(iv) any existing public street or alley, when converted to a private street or alley, may not be altered except as necessary to maintain the street or alley in the same or better condition;
(B) private drives in an MF or MF(A) district, as defined in the Dallas Development Code, provided that:
(i) each private drive is built to the same specifications as a street dedicated to public use, with a minimum width of 24 feet with no curb requirement, when adjacent to parking, and a minimum width of 20 feet with a curb requirement, when not adjacent to parking; and
(ii) each private drive contains service easements including, but not limited to, utilities, fire lanes, street lighting, government vehicle access, mail collection and delivery access, and utility meter reading access; or
(C) private drives in a multifamily housing development located within a planned development district, provided that:
(i) each private drive or portion of a private drive for which a credit is claimed is located within the city’s Intown Housing Program area, which is described in Resolution Nos. 93-1822 and 96-0279 as that area contained within a one-mile radius of the central business district;
(ii) each private drive is built to the same specifications as a street dedicated to public use, with a minimum width of 24 feet with no curb requirement, when adjacent to parking, and a minimum width of 20 feet with a curb requirement, when not adjacent to parking;
(iii) each private drive contains service easements including, but not limited to, utilities, fire lanes, street lighting, government vehicle access, mail collection and delivery access, and utility meter reading access; and
(iv) only that portion or side of a private drive that abuts property used exclusively for multifamily housing is eligible for the credit.
(2) A private street, private alley, or private drive for which a credit is allowed must be restricted to residential uses only for 40 years from the date of passage of the abandonment ordinance, unless the restriction is sooner removed by ordinance of the city council. If the restriction is removed before the 40-year period expires, the applicant, or the applicant’s heirs, successors, or assigns, shall pay a nonprorated abandonment fee calculated in accordance with the requirements of this section as those requirements existed on the date the abandonment ordinance was originally passed.
(3) If a public right-of-way is abandoned under this subsection to a homeowner association for conversion to a private street, private alley, or private drive, the ordinance authorizing the abandonment must include a provision stating that, if the homeowner association becomes defunct, each individual homeowner, and each homeowner’s heirs, successors, and assigns, shall become liable for all of the terms and conditions of the abandonment ordinance.
(4) Before the city council authorizes the abandonment of all or part of a public right-of-way for conversion to a private street, private alley, or private drive for which a credit is allowed under this subsection, the applicant shall pay a fee of $11,150 for processing the transaction, plus all applicable application, appraisal, and recording fees. (Ord. Nos. 17642; 18056; 19455; 19875; 23345; 24051; 24057; 25048; 25651; 26598; 27980; 28684; 29477; 32310; 32863; 32926)
