I'm sure all state laws vary, but in MI the simple act of vacating a road by the governing body does not automatically transfer fee title to the adjoiners.
After the road is formally vacated via resolution, the adjoiners must then petition the local circuit court, and then prepare an "amended subdivision plat" showing all the lot line re-configurations. Then the plat goes back to the governing body (and the state) for final approvals.
After all that, they acquire title in fee. Not by deed, but by court order. That is the process. I've done several, some of which were for road vacations 20 or 50 yrs old.
My experience has been that the governing body does not "charge" for the land value, but the fees are more administrative in nature.
AZ is quite a bit more simple, but still requires a resolution of abandonment, and a subsequent deed to transfer title. It may or may not require a re-plat.
I found interesting that until recently the City & County of Denver in Colorado where I surveyed, had no interest in the land once the road was vacated by resolution; it simply was up to the adjacent owners to figure it out. Then about 2010 it was changed that gave the City the right to decide if they so desired as to how to distribute the land.
I just moved back down to Arizona, new at surveying here. How is Arizona more simple?
How is Arizona more simple?
Simply put, it is about obtaining fee ownership. The city/county/state/utilities can abandon all they want, but until there is acceptance there is no transfer of title. The amended platting process in MI accomplishes that.
AZ doesn't over complicate things and it's accomplished via a deeding process, subsequent to the abandonment process.
I'm just attempting to point out state differences in such matters. The post below had considerable input from us experts. As surveyors, we should be aware of how to best advise our clients in these problematic issues.
Remember that one of the key elements of a contract is an offer and acceptance. Real property is no different, they just have different rules.
Just my $0.02 to keep a very important topic alive.
Oh yea.....Go Get 'Em Tigers and Go Red Wings!!! Lest we forget our sacred WoeBeGone Detroooiit LIONS taking it to the Cowgirls on Sunday.... lol
