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Council reviews alley-vacation petitions; law director: vacated alley rights go to abutters, city retains utility access
Summary
Council members discussed two petitions to vacate an alley and were advised by Law Director John Schwemer that vacated rights normally pass to abutting landowners (typically split 50/50) and that the city retains access for utilities; council asked Streets & Alleys to research ownership and utility implications before committee action.
KENTON, Ohio — Kenton City Council spent a portion of its May 13 meeting discussing two petitions to vacate a city alley and what such a vacation would mean for neighboring property owners.
Law Director John Schwemer told council that state law generally directs vacated alley rights to the abutting landowners rather than giving the whole alley to a single petitioner. "By law the alley is only ours to use for a street... By law it goes to the abutting landowners," Schwemer said, adding that typically each adjoining property receives half. He also warned that the city retains rights to access utilities located in vacated alleys and that property owners who fence or place structures across an alley risk having to remove them at their own expense if city maintenance is required.
Council members asked staff to check parcel ownership using GIS and to confirm whether nearby concrete pads and garages affect access. Councilman David Beazley raised the question of whether a petitioner could secure full ownership rather than a 50/50 split; Schwemer said that outcome is unlikely absent a legal conveyance between adjoining owners, such as a deed or easement agreement.
President Joel Althauser suggested petitioners consult with neighboring property owners to negotiate a private transfer following the city's vacation; the council asked Streets & Alleys committee members to research the parcels and utilities before reporting back at a future meeting. No formal action was taken; the matter will return to committee for review.
