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Hearing on utility and drainage easement vacation moved to Aug. 4 after publication omitted
Summary
A petition to vacate a platted utility and drainage easement will be heard Aug. 4 after the county discovered the required public notice was not published; county staff said the auditor will handle publication and petitioners must pay the costs.
A scheduled hearing on an ordinance to vacate a platted utility and drainage easement was postponed to the board’s Aug. 4 meeting after county staff found the required public notice had not been published.
County staff told commissioners that all paperwork for the petition was complete except for the statutorily required publication. The county indicated the clerk of the legislative body — handled by the county auditor in this instance — must publish notice under state law and that publication costs are billed to the petitioners.
The staff member discussing the item cited the statute requiring publication and certified-mail notice to abutting owners; staff said certified mail was not an issue because the abutting owners had already signed the petition. The county noted letters of support from abutting homeowners and Tipmont and from the county surveyor but said the publication omission means the hearing must be scheduled for the next meeting.
Tony Hardebeck of Hardebeck Development identified himself and provided his address to the record; county staff said the county will arrange publication and follow up with the petitioner about payment for publication costs. The board confirmed the hearing will be on the Aug. 4 agenda.
