§125.1040 Findings for Public Service Easement and Other Easement Vacations

A public service easement or other easement may be vacated only if the decision maker makes the following findings :

• (a) There is no present or prospective public use for the easement, either for the facility or purpose for which it was originally acquired or for any other public use of a like nature that can be anticipated;

• (b) The public will benefit from the action through improved utilization of the land made available by the vacation;

• (c) The vacation is consistent with any applicable land use plan ; and

• (d) The public facility or purpose for which the easement was originally acquired will not be detrimentally affected by the vacation or the purpose for which the easement was acquired no longer exists.

(“Findings for a Public Service Easement Abandonment” added 12-9-1997 by O-18451 N.S.; effective 1-1-2000.)

(Retitled to “Findings for a Public Service Easement Vacation” and amended 8-4-2011 by O-20081 N.S.; effective 10-6-2011.)

(Retitled to “Findings for Public Service Easement and Other Easement Vacations” 6-18-2013 by O-20261 N.S.; effective 7-19-2013.)