ZONING AND PLANNING 2649

period of time for which the street locations shown upon the plat shall be
deemed reserved for future taking or acquisition for public use. Upon
such adoption the clerk of council shall transmit one attested copy of the
plat to the county recorder of each county in which the platted land is
located and retain one copy for the purpose of public examination. Such
approval and adoption of a plat shall not, however, be deemed the opening
or establishment of any street, nor the taking of any land for street pur-
poses, nor for public use, nor as a public improvement, but solely as a
reservation of the street locations shown thereon, for future taking or
acquisition for public use. The Commission may, at any time, negotiate
for or secure from the owner or owners of any such lands releases of claims
for damages or compensation for such reservations or agreements indemni-
fying the municipality from such claims by others, which releases or
agreements shall be binding upon the owner or owners executing the same
and their successors in title. At any time after the filing of a plat with
the county recorder, and during the period specified for the reservation,
the Planning Commission and the owner of any land containing a reserved
street location may agree upon a modification of the location of the lines
of the proposed street, such agreement to include a release by said owner
of any claim for compensation or damages by reason of such modification;
and thereupon the Commission may make a plat corresponding to the said
modification and transmit same to council; and if such modified plat be
approved by council, the clerk of council shall transmit an attested copy
thereof to the said county recorder or recorders, and said modified plat
shall take the place of the original plat. At any time council may, by
resolution, abandon any reservation and shall certify any such abandon-
ment to the said county recorder or recorders.

1933, ch. 599, sec. 23.

32. (Control of Building in the Bed of Mapped Streets.) From and
after the recording of any street plat approved by council, as provided in
Section 31 of this sub-title, no permit shall be issued for any building on
any part of the land between the lines of a proposed street as thus platted:
Provided, however, that the board of zoning appeals of the municipality
in which the location of such platted street lies, or a special board of
appeals which may be created for the purpose of the council of the munici-
pality, shall have the power, upon an appeal filed with it by the owner
of any such land and by a vote of a majority of its members, to grant a
permit for a building in such platted street location in any case in which
such board finds, upon the evidence and arguments presented to it upon
such appeal: (a) That the entire property of the appellant, of which such
reserved street location forms a part, can not yield a reasonable return to
the owner unless such permit be granted; and (b) that, balancing the in-
terest of the municipality in preserving the integrity of such street plat
and of the municipal plan and the interest of the owner of the property
in the use of his property and in the benefits of the ownership thereof, the
grant of such permit is required by consideration of reasonable justice and
equity. Before taking any such action the board of appeals shall give a
hearing at which the parties in interest shall have an opportunity to be
heard. At least fifteen (15) days' notice of the time and place of such
hearing shall be given to the appellant by mail at the address specified by
the appellant in his appeal petition and shall be published in a newspaper
of general circulation in the municipality. In the event that the board of