§ 11-42-109. Replatting of vacated plat - Effect on rights-of-way and restrictive covenants - Reversion of fee.

A.  The owner of any lot in a plat which has been vacated by decree or written instrument may cause the same and a proportionate part of adjacent public ways and public grounds to be replatted and numbered by a registered land surveyor.  The owner of any platted lot or lots may replat the lot or lots without necessity of vacating the initial plat or applicable portion thereof if such action is not prohibited by any restrictive covenants encumbering the lots.  A replat shall not be deemed a vacation of the initial plat nor affect any preexisting public ways, utility easements or rights-of-way.  A replat or a vacation of a plat shall not be deemed a termination of any restrictive covenants which are otherwise enforceable.  When a replat is acknowledged by the owner and bears the approval of the municipality in which the plat is situated and is recorded in the office of the county clerk of the county in which the plat is located, the lots may be conveyed and assessed by the numbers given them on the plat.

B.  When any part of a plat has been vacated by decree or written instrument, the owners of the lots so vacated may enclose the public ways and public grounds adjoining the lots in equal proportion.

C.  Nothing contained in this article shall operate to preclude a fee from reverting to its owner when a public right-of-way is vacated in law or in fact.

Added by Laws 1977, c. 256, § 42-109, eff. July 1, 1978.  Amended by Laws 2002, c. 74, § 2, emerg. eff. April 15, 2002.