R/W in Fee vacation

[pls7809]

When a city or county holds a street r/w in fee (acquired by grant deed) is a vacation the appropriate method to extinguish the r/w and then a grant deed to dispose of the property? Or is only a grant deed sufficient?

I should point out this Streets and Highways code section 8309:

8309. "Vacation" means the complete or partial abandonment or termination of the public right to use a street, highway, or public service easement.

The city or county may grant away the ownership of the property, but by doing that are they terminating the public right to use the property?

[pls7809]

Someone sent me this section of code:

8355. If the legislative body of a public entity determines that
property previously subject to a street, highway, or public service
easement, title to which is owned by the public entity, is no longer
needed by the public:
(a) In the case of property owned by a local agency, the
legislative body may sell or exchange the property in the manner, and
upon the terms and conditions, approved by the legislative body.
(b) In the case of property owned by the state, the department
shall dispose of the property as provided in Section 118.

Pretty much answers my question.

[Brian8612]

If I remember right the local agency has to pass a resolution to terminate maintenance of the road for a fee owned R/W. I don't remember which section in the Streets and Highways code that it was in, but there is a section that deals with this. Once that is done then it become surplus property and the local agency can sell or deed it away.

[Gary O]

I agree with Brian that it's a two-step process. First the rights of the public to use it as a right of way must be terminated through the Streets and Highways Code. 7809's code section refers to the land having been "previously subject to a street, highway, or public service easement".

Then it can be sold.