City of Goldfield v. Golden Cycle Gold Mining Co.

The constitution inhibits the general assembly from passing laws vacating streets. Sec. 25, art. V. The power to vacate streets may, however, be delegated to municipal corporations, but this power cannot be exercised arbitrarily, and without regard to the rights and necessities of the public. Whitsett v. Union D. & R. Co., 10 Colo. 243, 15 Pac. 339. The acts of the general assembly under which the vacation deed was executed permit a street to be arbitrarily vacated by private parties, without regard to the interest or convenience of the public, or of individual rights. Public streets are for…