§ 40-39-04 — Vacation of streets and alleys where sewers, water mains, pipes, and lines located - Conditions

located - Conditions.
No public grounds, streets, alleys, or parts thereof over, under, or through which have been
constructed, lengthwise, any sewers, water mains, gas, or other pipes, or telephone, electric, or
cable television lines, of the municipality or the municipality's grantees of the right of way
therefor, may be vacated unless the sewers, mains, pipes, or lines have been abandoned and
are not in use, or unless the grantee consents thereto, or unless perpetual easements for the
maintenance of the sewers, water mains, gas, or other pipes, or telephone, electric, or cable
television lines have been given. Any vacation of areas within which are located electric
facilities, whether underground or aboveground, is subject to the continued right of location of
such electric facilities in the vacated areas.