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Public hearing in Lindletown centers on road-vacation claim tied to 1955 ordinance; board opts to delay repeal
Summary
Residents urged the board to honor a 1955 street-vacation ordinance and warned that reversing it without eminent-domain procedures would be an unconstitutional taking; the board proposed tabling any repeal until legal counsel reviews the record and a surveyor supplies a county-recordable description.
Lindletown — Members of the public told the Lindletown Town Board on Oct. 1 that a 1955 ordinance vacating a town right-of-way is final and that the town should not repeal it without independent legal review.
A resident’s written statement submitted for the record and read during the hearing asserted that the 1955 action transferred ownership of the vacated right-of-way to adjoining property owners and that attempting to reverse that transfer now would amount to an unconstitutional taking unless the town pursued eminent-domain procedures and paid compensation. The statement requested that the board "pass the merits request and table the repeal vote until this matter is reviewed by independent legal counsel." (The written submission was identified in the meeting as originating with Gary.)
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