1. If the vacation request involves only a portion of a section right-of-way, such that approval would not affect
the public’s ability to travel along said right-of-way, then the request will be scheduled for consideration by
the City Council. No public hearing will be needed.
2. If the vacation request involves an entire section of right-of-way, such that approval would cause the public
to lose all rights to use it, then the following procedures apply:
a. Nearby land owners who have a reasonable expectation to use said right-of-way, as determined by
the Transportation Division, must first agree to the proposed vacation. It is the applicant’s
responsibility to obtain a letter of concurrence signed by the affected landowners.
b. If all letters are received indicating that the affected landowners agree to the request, then a public
hearing before the City Council will be scheduled. The Transportation Division will mail public notice
of the hearing to landowners within 400 feet of the affected right-of-way.
c. If a request is approved, the right-of-way shall be divided into two equal parts, with each half
becoming the property of the respective abutting owner. If the applicant desires to own the entire
width, he or she must negotiate with the opposite landowner.
The Vacation of right-of-way/public utility easement/land/street shall be considered officially received in the Planning office
only when it has been submitted in full compliance with the provisions of Section 212 of the Texas Local Government
Code and the Zoning Code of Ordinances of the City of Midland and when such required items for the application are also
All materials, including exhibits, submitted in support of an application, or displayed during a public hearing, shall remain
the property of the City of Midland.