Closing/Abandonment of Alleys, Easements, Right-of-Way

City of Willis, Code of Ordinances, Chapter 30.05, Ordinance 13-0820

Alleys, Easements and Public Right-of-Way may be closed by the City Council upon the request of a citizen provided:

  1. Each property owner abutting the alley consents to the proposed abandonment. 
  2. All franchised utility providers sign a release consenting to the abandonment.
  3. The City has no need to the continued use of the alley, easement, or right-of-way. 

Owners requesting the closing shall use the application form to apply for the abandonment. 

The form shall be submitted to the Director of Public Works for review and processing. The Director or the Director's designee will investigate the location, the existing use, utilities, future needs of the land, and any abutting landowner objections. 

After the investigation is completed, the Director will set the request on the next available City Council agenda. The Director will make a staff recommendation to the Council based on his investigation findings to either approve or disapprove the abandonment request. The City Council will make the final decision.

The City Council of the City of Willis, as a Texas Home Rule city, has the authority under Section 311.007 of the Texas Transportation Code to close a public street or alley, and also under Section 3.01(15) of the Willis Home Rule Charter; and the City has the right to retain ownership after closing a street, alley or easement, but may also sell the abandoned property to abutting property owners in an equitable manner; and Section 272.001(b) of the Texas Local Government Code provides that a city may not convey its fee simple title to an abandoned street, alley, or easement unless it receives fair market value for the property.