§ 11-42-112 — Notice of court action by owners to foreclose or

reopen. Notice of the verified petition by a property owner to foreclose the right to reopen the public way or to reopen the public way shall be given by: 1. Service of summons to the municipality as provided in civil action; 2. Service of summons to public service corporations, transmission and utility companies or franchise holders having rights in the public way or easement; and 3. a. Mailing by first class mail at least thirty (30) days before the hearing a copy of the petition and a copy of the notice to be published as provided in subparagraph b of this paragraph to all owners of record, as shown by the current year's tax rolls in the office of the county treasurer, of property abutting that portion of the public way or easement sought to be vacated, and such other owners of record whose property abuts said public way or easement within three hundred (300) feet from that portion of said public way or easement sought to be vacated; and to any person, firm or corporation, not otherwise required to be notified, that is known by the petitioner to claim an interest or rights in the public way or easement. An affidavit verifying the mailing of the petition and notice as provided for in this subparagraph shall be filed in the action. b. Notice to the public shall be given by one (1) publication in a newspaper of general circulation published in the county where the property is located, which publication shall be at least thirty (30) days prior to the hearing. The summons or publication notice shall provide for an answer date not less than twenty (20) days after issuance of the summons or first publication notice.

Legislative History

Added by Laws 1977, c. 256, § 42-112, eff. July 1, 1978. Amended by Laws 1988, c. 57, § 1, eff. Nov. 1, 1988; Laws 1997, c. 28, § 1, eff. July 1, 1997.