City to seek more legal advice on vacating lot

LORRI SUGHROUE

Associate Editor

McCOOK, Neb. — Exactly how to sell or vacate city property between two adjacent landowners will be discussed further at a future McCook City Council meeting.

The city will be conferring with outside legal counsel to make sure everything is done by the book, in vacating or selling a strip of land on East 11th that was platted as a street but never developed. Landowners on either side of the property, Community Hospital and Robert and Diane Harrison, have expressed interest in the property.

At the regular McCook City Council meeting Monday night, City Manager Nate Schneider told the council that City of McCook attorney, Nathanial Mustion, will verify with a lawyer in Lincoln, Neb., the best way to move forward with the property on East 11th. “We want to make sure it’s the correct way of doing things,” Schneider said, adding that a memo will be brought to the council at the next meeting concerning the outcome of the discussion.

At the Dec. 17 meeting, the council first discussed the platted East "G" Street land between Lot 7, Block 3 and Lot 12, Block 4 of Brown's Park Addition, on East 11th south of H Street. According to the Dec. 17 city council report, Community Hospital of McCook requested the city vacate the property for expansion purposes of its Home Health and Hospice Agency, at 711 East 11th, directly north of the property.

Robert and Diane Harrison, owners of property to the south, also expressed interest in the land. The Harrison’s and Sean Wolfe, chief financial officer of Community Hospital, both attended the Dec. 17 council meeting. Wolf said the hospital would like to expand the parking space at the agency and also construct garages for its vehicles.

At Monday’s meeting, the Harrison’s were represented by their lawyer, Phil Lyons of McCook. Lyons, a former councilman himself, briefly explained state law that has been amended through the years concerning vacating or selling city property, with new language contending that the property be divided between two abutting landowners, in this case, the Harrison’s and Community Hospital.

“The city is not in the business of picking winners or losers,” he said.

According to the Dec. 17 City council report, state law gives first class cities the authority to vacate a street. If the street is vacated, the title to such property vests in the owners of the abutting property and becomes part of such property, one half on each side, unless the city reserves title. If the title is retained by the city, the property may be sold, converged, exchanged or leased upon such terms and conditions deemed in the best interests of the city. If the City Council determines to vacate only one side of the street, the title to that property would vest in the owner of the abutting property and become part of the property, unless the city reserves title vacating a portion of a street or alley.

If the title is retained by the city, such property may be sold, conveyed, exchanged or leased upon terms deemed in the best interests of the city.

No action was taken by the council Monday night, as the item was slated for discussion only.