§ 11-42-110. Power to close public ways or easements by ordinance - Reopening - Rights of utilities.

A.  The municipal governing body by ordinance may close to the public use any public way or easement within the municipality whenever deemed necessary or expedient.  The procedure for closing a public way or easement shall be established by ordinance or resolution adopted by the municipality.

B.  The municipality shall give written notice of any proposed closing of a public way or easement to any holder of a franchise or others determined by the governing body to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement at least thirty (30) days prior to passage of any ordinance providing for closing of a public way or easement.

C.  The municipality shall retain the absolute right to reopen the public way or easement without expense to the municipality.  The public way or easement may be reopened by ordinance whenever:

1.  The municipal governing body deems it necessary; or

2.  An application of the property owners owning more than one-half in area of the property abutting on the public way or easement previously closed is filed with the governing body.

D.  Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate or remove utility, public service corporation, or transmission company facilities of service therein, nor shall a closing affect private ways existing by operation of law unless released in writing executed by the owners thereof.

Laws 1977, c. 256, § 42-110, eff. July 1, 1978.