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What happens during the discontinuance process in the City of Hudson?
A street or alley discontinuance/vacation is the process of returning dedicated public right-of-way to
a private property. Upon discontinuance, the right-of-way reverts to the owners of the adjoining land
where the discontinued land originated or is equally divided between the owners on either side of
the centerline of the discontinued street or road. The statutory requirements (§66.1003, Wis. Stats) and
the City’s process are summarized in the following steps.
Checklist of Items to Submit.
□ Application fee (nonrefundable).
□ Survey and legal description of the proposed discontinuance area prepared by a licensed survey
professional. Survey must include total area, in square feet, proposed in the discontinuance area.
Discontinuance Process
□ Initiation
The Common Council may initiate the alteration or discontinuance by introducing a resolution
d
eclaring that the “public interest requires it”. Proper noticing and a public hearing are required.
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written petition is received from owners of all the frontage of the lots and lands abutting upon
the public way sought to be discontinued and owners of more than 1/3 of the land fronting the
remainder of the street or road withing 2,650 ft. from either end of the portion to be discontinued
within the corporate limits of the city.
□ Common Council sets Public Hearing
Staff will prepare a draft resolution to be introduced by the Common Council. A public hearing
on the passage of the resolution will be set not less than 40 days after the introduction of th
e
resolution.
A n
otice of the public hearing as required by §66.1003(8)(b), Wis. Stats will be published as a Class
3 notice. The notice must be published three times in the local newspaper, with the last
publication at least one week prior to the scheduled public hearing.
□ Filing of a Lis Pendens
A Notice of Pending Action (Lis Pendens) will be filed with the St. Croix County Register of Deeds.
A copy of the recorded document will be on file at City Hall.
□ Notices & Admission of Service
The hearing notice and Lis Pendens will be served to the property owner. The City will request an
Admission of Service stating the owners received the notice at least 30 days prior to the public
hearing.
Notice of the public hearing is sent to the abutting property owners by United States regular mail
to the address indicated on the current tax roll.
