In rural areas and in older subdivisions, it is common to find streets, roads or alleys which were never developed or are no longer used or maintained as public ways by the local governmental authorities. Frequently, these areas are mowed or used by adjoining landowners as a part of that landowner’s property without knowledge that once a strip becomes a public way, it remains a public way until the appropriate local governmental authority follows the required statutory procedure to vacate the road. In rural areas, the County Commissioners have the authority to vacate public ways. In incorporated cities and towns, the authority to vacate public ways lies with the city council or town board. (more…)







