Section 1. Streets, Alleys and Additions-Control of-Vacating.-The city shall have exclusive control of all its public highways, streets, avenues, alleys and public places, and shall have exclusive power to vacate or abandon any public highway, street, avenue, alley or public place, or any part thereof, and to vacate any platted addition or subdivision of land or part thereof within the corporate boundaries of the city, provided that no such vacation or abandonment shall take place except by ordinance.

R. S. 1899, Sec. 6408. R. S. 1909, Sec. 9752.

Charter confers power upon Council to vacate streets and alleys. It is for council and not courts to say when power shall be exercised. Though city has right to vacate streets when and where its legislative body shall deem best the power must be exercised subject to the constitutional provision that private property shall not be taken or damaged for public use without just compensation and city may be liable for damages resulting to abutting property owners. (Heinrich vs St. Louis, 125 Mo. 424, 1. c. 427; Christian vs St. Louis, 127 Mo. 109; Knapp, Stout & Co. vs St. Louis, 156 Mo. 343; Kansas City vs Hyde, 196, Mo. 498.)

Although purpose of ordinance is to

St.

aid private interest it is not void in absence of fraud or combination to injure if there is due regard for public interests. (Glasgow VS Louis, 107 Mo. 198, 1. c. 203-4; Realty & Inv. Co. vs Deere, 208 Mo. 66, 1. c. 87.)

Since there is adequate remedy at law for damages city cannot be enjoined from vacating street. (Christian vs St. Louis, 127 Mo. 109.)

Owner of abutting lot may enjoin the placing of obstructions in a street or alley not properly vacated if he will suffer damage different in kind from that of general public, but one whose lot does not abut upon such street cannot maintain injunction. (Realty & Investment Co. vs Deere & Co., 208 Mo. 66.)

Ordinance declaring street or alley vacated is not sufficient. Abutting owners have property rights in streets and alleys which cannot be taken from them by mere passage of ordinance declaring it vacant.

If street or alley is vacated and public continue to use it for ten years with knowledge and consent of city and abutting owners, it is again constituted public street or alley. (Mitchell vs Ry., 116 Mo. App. 81, 1. c. 88.)

City cannot extinguish rights of pub. lic by a conveyance to an individual of part or all of a street as private property. (St. Louis vs Mo. Pacific Ry. Co., 114 Mo. 13, 1. c. 24.)

City is not estopped from asserting claim under dedication by including dedicated land in ordinance and condemnation proceedings. (Moses Dock Co., 84 Mo. 242, 1. c. 246.)

Statute of limitation does not run against city unless adverse possession began prior to 1865. (Williams vs St. Louis, 120 Mo. 403; Wright vs City of

Doniphan, 169 Mo. 601; State ex rel. vs Road Co, 207 Mo. 85.)

Failure to grade or improve street does not affect public right thereto. (St. Louis vs Mo. Pacific Ry. Co., 114 Mo. 13, 1. c. 24.)

When dedication by deed or other writing shows intention to convey unlimited fee for particular purposes title does not revert on cessation or diversion of use but equity may compel specific execution of trust. (Hand vs St. Louis, 158 Mo. 204; Goode vs St. Louis, 113 Mo. 257.)

Land deeded to city on condition reverts to grantor on failure to comply with such condition. (Clarke vs Brookfield, 81 Mo. 503; Baker vs St. Louis, 75 Mo. 671.)

As to whether provision in grant is a condition or a covenant and whether an action to declare a forfeiture is nec essary, see (St. Louis vs Wiggins Ferry Co., 88 Mo. 615; Studdard vs Wells, 120 Mo. 25; Railway Co. vs Frowein, 163 Mo. 1.)

See Article X, Section 6.

Sec. 2. Vacating Streets, Etc.-Petition-Statements InFiling Of Notice-Expenses.-Any person or corporation own. ing any property fronting on any public highway, street, avenue, alley or public place or part thereof, proposed to be vacated, may petition the Common Council therefor. Such petition must give a distinct description of the part of the public highway, street, avenue, alley or public place sought to be vacated, and also the names of the persons or corporations owning or claiming the property fronting thereon and be verified by affidavit. Said petition shall be filed with the City Clerk at least twenty days previous to any action being taken thereon by the Common Council, and notice of the pendency of such petition shall be given for the same length of time in the newspaper then doing the city printing. The person or corporation seeking such vacation shall, at the time of filing the petition for vacation, deposit with the City Comptroller a sum sufficient, in the opinion of the Comptroller, to cover all costs and expenses which the city may incur by reason of said proceedings.

Petition should state names of persons owning or claiming property fronting on the street proposed to be

vacated. (City of Marshall vs Anderson, 78 Mo. 85.)

See Article 1, Section 1.

Sec. 3. Opposition to Petition in Writing-Ordinance to Vacate-Written Consent of Property Owners Necessary.-If oppo

sition be made in writing to such petition within said twenty days by any person or corporation interested in the vacation of such property, no action shall be taken by the Common Council on such petition before the expiration of an additional twenty days. Subject to the provisions of this article, the Common Council may, by ordinance, vacate the property mentioned and described in said petition aforesaid with such restrictions as it may deem for the public good; but no such ordinance shall be passed unless the consent, in writing, of the persons or corporations owning three-fourths of the front feet of the property fronting on that part of the public highway, street. avenue, alley or public place to be vacated, acknowledged as deeds conveying real estate in this State are required to be acknowledged in order to entitle them to be recorded, shall have been obtained to such vacation, and filed with said petition in the City Clerk's office.

Sec. 4. Land Vacated-Title.-The property or part thereof so vacated, if it be a lot or public square, shall belong to the persons or corporations who may have the title thereof according to law; and if same be a public highway, street, avenue, or alley, the same shall vest in the persons or corporations owning the property on each side thereof in equal proportions according to the length or breadth of such land as the same may border thereon and as the titles to such bordering lands may be held by the said owners thereof respectively.

See note to Article 3, Sec. 1, Cl. 11. The owner of premises abutting on a public street is presumptively the owner of the fee to the center thereof subject to the easement to which the land is devoted. This is true although one abutting owner dedicate the entire street by plat. When street is vacated title vests in persons owning the property on each side thereof

in equal proportions. (Thomas VS Hunt, 134 Mo. 392: Mitchell vs Railroad, 116 Mo. App. 81, 1. c. 88.)

Conveyance of city lot bounded on street always carries fee, subject to public easement, to center of street unless there be express reservation to the contrary. (Baker vs St. Louis, 7 Mo. App. 429, approved s. c. 75 Mo. 671.)

Sec. 5. Owner of Addition-May Petition to Vacate-Petition to Be Filed-Notice.-The owner of any lot in any platted addition or subdivision within the corporate boundaries of the city may petition the Common Council for the vacation of the said platted addition or subdivision or any part thereof. Said petition must give a distinct description of the part of the addition or subdivision to be vacated, and also the names of all legal owners of all lots contained in such addition or subdivision and be verified by affidavit. Said petition shall be filed with the City Clerk at least twenty days

previous to any action being taken thereon by the Common Council, and notice of the pendency of such petition shall be given for the same length of time in the newspaper then doing the city printing. See Art. XVII, Sec. 13 and note.

Sec. 6. Opposition to Petition-Vacate By Ordinance-Proceedings-Consent of Property Owner.-If opposition be made in writing to such petition within said twenty days by any person or corporation interested in such vacation, no action shall be taken by the Common Council on such petition before the expiration of an additional twenty days. The Common Council may, by ordinance, vacate such platted addition or subdivision, or part thereof, and upon such vacation being made, such plat and all dedications to public use made by or consequent upon such plat shall within and as to the part of such addition or subdivision so vacated, ipso facto cease and determine, and become and be of no effect, but no such ordinance shall be passed unless the consent in writing of the legal owners of all lots contained in such addition or subdivision acknowledged as deeds conveying real estate in this State are required to be acknowledged in order to entitle them to be recorded, shall have been obtained to such vacation and filed with said petition in the City Clerk's office.

Sec. 7. Ordinance to Vacate-What Vote to Pass.-No orddinance vacating any public highway, street, avenue, alley, public place or platted addition or subdivision, or part thereof, shall be passed except by at least two-thirds affirmative vote of the full authorized membership of each house of the Common Council. If any such ordinance be returned without the approval of the Mayor, and with his objections, an affirmative vote of at least three-fourths of the authorized membership of each house of the Common Council shall be necessary to the passage of such ordinance notwithstanding the objections of the Mayor thereto.

Sec. 8. Ordinance to Be Acknowledged-Filed For Record.Every ordinance vacating any public highway, street, alley, public place, or platted addition or subdivision, or part thereof, shall be acknowledged by the City Clerk as deeds are acknowledged as aforesaid, and such ordinance so acknowledged and the consents of property owners herein required shall be filed for record in the Recorder's office in Jackson County, Missouri.

Sec. 9. Vacation Not to Become Final Until Damage Paid.— The Common Council may provide in any ordinance for vacating

any highway, street, avenue, alley, public place, or plat that such vacation shall not become final and absolute until the damage which may be occasioned thereby, if any, has been ascertained and paid in the manner hereinafter provided.

Damage, How Assessed.-Whenever private property shall be so disturbed or damaged by the proposed vacation as to entitle the owners thereof to remuneration or damages under the Constitution of the State of Missouri, the ordinance which shall order such vacation vacation shall also prescribe and determine the limits within which private property is deemed benefited by the proposed vacation. Such benefited district shall not, however, include any property other than that abutting on the street. alley or public place proposed to be vacated, the owners of which abutting property have signed the petition for such vacation. The Mayor shall cause a certified copy of said ordinance to be filed in the Circuit Court of Jackson County, Missouri, at Kansas City, or with the clerk thereof, and said court shall fix a day and place for assessing the damages and benefits arising from the proposed proceeding, and such damages and benefits shall be ascertained and assessed in the manner and by the procedure provided in Article VII of this charter for assessing damages and benefits arising from grading and regrading streets; Provided, however. That at any time before final judgment, the owners of the property abutting on the street, alley, highway, or public place proposed to be vacated who shall have signed the petition for said vacation may withdraw therefrom, and, upon filing such withdrawal in the office of the City Clerk, the City Counselor shall dismiss the said proceedings, and the same shall be ab initio null and void.

Proceedings Dismissed, When.-Unless all the owners of the property against which assessments of benefits have been made in said proceedings shall, within twenty days after the rendition of the verdict, pay such assessments to the clerk of the Circuit Court of Jackson county, Missouri, for the use of the parties entitled thereto, the city shall cause said proceedings to be dismissed and said ordinance shall thereupon be ab initio null and void.

Appeal.-Any party aggrieved by said verdict may appeal therefrom in the same manner and with like effect as is provided by Article VII of this charter from judgments rendered by the Circuit Court.