Amends existing law to establish requirements regarding the vacation of public rights-of-way that furnish access to state or federal public lands or waters.
RIGHTS-OF-WAY -- Amends existing law to establish requirements regarding the vacation of public rights-of-way that furnish access to state or federal public lands or waters.
STATEMENT OF PURPOSE
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This legislation amends Section 40-203, Idaho Code, regarding the abandonment of roads and public rights-of-way. Abandonment involves a lengthy process for the county or the highway district in which a public road is being abandoned. For the cases where the public road accesses public lands or waters, this legislation adds to the process so that evidence of such access can be presented. For those public roads that do access public lands and waters, this amendment requires that a replacement public access be provided, even if that public access is provided at private expense, before the abandonment can be completed. The replacements cannot be provided through the use of eminent domain nor condemnation, and this legislation will not affect any road vacations currently underway or currently being litigated.
FISCAL NOTE
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This legislation will have no impact on state funding since road abandonments are in the jurisdiction of counties or highway districts. Counties and highway districts may be abandoning public roads to save money, but where the public access is to public lands or waters, the replacement access could be paid with private funding.
LATEST ACTION
Reported Printed and Referred to Transportation & Defense
BILL INFO
- Session
- 2025
- Chamber
- house
- Status date
- Jan 31, 2025
