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For these provisions of the Local Government Code to have meaning 1) the City <br />would have to determine whether or not the City owns the property in fee simple or <br />received it merely by dedication; 2) the City must be formally advised by the County that <br />the County currently owns in fee simple all of the property abutting the right-of-way to <br />be abandoned; and 3) the City Council would have to determine it is prepared to take less <br />than full fair market value for the right-of-way. However, depending upon how the value <br />of the Price Street right-of-way may appraise, it may provide the City and the County the <br />flexibility to make an even swap for the Hearne Street right-of-way. <br />The Legal Department continues to research attorney general's opinions and court <br />cases interpreting the Local Government Code regarding the requirement for fair market <br />value incident to the abandonment of streets and right-of-ways. <br />Needless to say then there are a number of details better resolved before the <br />abandonment than afterwards, and I again recommend tabling this matter until these issues <br />are resolved. <br />If you have any additional questions regarding this matter, please do not hesitate <br />to contact me. <br />LWS/ap <br />Attachments <br />cc: Steve Methven/Planning & Zoning Commission <br />