§ 1724 — Effect of laying out street

(a) Street unopened after ten years.--At any time after a street or portion of the street has remained laid out but not opened for a period of ten years or longer, an owner of 50% of the front feet of the land over which the street or portion of the street was laid out may petition the council to cancel the laying out of the street. Following at least 15 days' notice in a newspaper of general circulation and at least 15 days' personal notice to the owners of the real estate abutting upon the land over which the street or portion of the street was laid out, council shall hold a public hearing on the matter. Council may, on motion, deny the petition or, by ordinance, grant the petition and cancel the laying out of the street. A person aggrieved by the decision of the council, either granting or denying the petition, may appeal it. The ordinance providing for the cancellation of the laying out of a street must be filed with the recorder of deeds in accordance with section 1721.2(d) (relating to laying out streets and procedure).

(b) Street unopened after 21 years.--If a street has been laid out and has not been opened to or used by the public for a period of 21 years, the street may not thereafter be opened without the consent of at least 51% of the number of owners of the abutting real estate and without the consent of the owners of at least 51% of the property abutting the street, based on a front foot basis.

Legislative History

Cross References.Section 1724 is referred to in section 1712 of this title.