North Dakota Statutes
§ 40-39-07 — Hearing on petition - Passage of resolution declaring vacation by governing body
North Dakota·Title 40 Municipal Government·Ch. 40-39 Opening and Vacating Streets, Alleys, and Public Places
body.
The governing body, or such committee as may be appointed by it, shall investigate and
consider the matter set forth in the petition specified in section 40-39-05 and, at the time and
place specified in the notice, shall hear the testimony and evidence of persons interested. After
hearing the testimony and evidence or upon the report of the committee favoring the granting of
the petition, the governing body, by a resolution passed by a two-thirds vote of all its members,
may declare the public grounds, streets, alleys, or highways described in the petition vacated
upon such terms and conditions as it shall deem just and reasonable.
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