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Ellis County agrees to start vacation process for part of Saint Jacob Street in Catherine
Summary
Commission directed staff to publish notice and begin the statutory process to vacate an unbuilt portion of Saint Jacob Street in the Catherine townsite; staff noted certified-mail notice to adjoining owners and one-year damage-claim window under statute.
Ellis County commissioners on March 18 agreed to begin the statutory process to vacate a portion of Saint Jacob Street in the Catherine townsite after hearing that the street was never built and a private landowner owns adjacent parcels.
Public works staff described a request from a landowner who owns two lots in Block 10: the right-of-way for Saint Jacob Street was platted but never constructed, and the owner wants to build a home that would cross the unbuilt right-of-way. Staff recommended initiating vacation proceedings for the specific portion from Catherine Street down to Saint Joseph Street in Block 10.
County Counselor Bill Jeter said he could not think of legal reasons to object to vacating an unbuilt right-of-way in these circumstances and noted the county has handled similar cases in the past. Staff explained the legal steps: the county must publish notice, send certified mail to adjoining landowners and hold a public hearing; affected owners have up to one year after vacation to file claims for damages if they can show a loss caused by vacating the right-of-way.
Commissioners expressed general support and instructed staff to publish notice and schedule the formal vacation hearing. One commissioner noted the county will not vacate other parts of the right-of-way unless a separate request is presented.
What happens next: staff will prepare statutory notices and set the item for a future agenda public hearing; certified letters will be sent to adjoining property owners as required by statute.
