Print Friendly SENATE BILL NO. 1367 – Public rights-of-way, map
SENATE BILL NO. 1367
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PUBLIC RIGHTS-OF-WAY - Amends existing law to provide that by July 1, 2000,
and every five years thereafter, the board of county or highway district
commissioners shall have published in map form and made readily available
the location of all public rights-of-way under its jurisdiction and to
provide for an extension of time.
01/30 Senate intro - 1st rdg - to printing
02/02 Rpt prt - to Transp
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 32-3-0
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Wheeler, Whitworth
NAYS--Parry, Thorne, Twiggs
Absent and excused--None
Floor Sponsor - Whitworth
Title apvd - to House
02/25 House intro - 1st rdg - to Transp
03/13 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 53-4-13
AYES -- Barraclough, Barrett, Bell, Bieter, Black(23), Boe,
Callister, Campbell, Chase, Clark, Crane, Crow, Cuddy, Deal, Denney,
Ellsworth, Field(20), Hadley, Henbest, Hornbeck, Jaquet, Jones(22),
Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Linford, Loertscher,
Mader, Marley, McKague, Meyer, Miller, Mortensen, Newcomb, Pomeroy,
Richman, Robison, Sali, Schaefer, Stevenson, Stoicheff, Stone,
Stubbs, Taylor, Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann
NAYS -- Alltus, Bruneel, Geddes, Kjellander
Absent and excused -- Bivens, Black(15), Field(13), Gagner, Gould,
Hansen, Jones(9), Jones(20), Pischner, Reynolds, Ridinger, Wood,
Floor Sponsor - Kunz
Title apvd - to Senate
03/18 To enrol
03/19 Rpt enrol - Pres signed - Sp signed
03/20 To Governor
03/20 Governor signed
Session Law Chapter 184
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fourth Legislature Second Regular Session - 1998
IN THE SENATE
SENATE BILL NO. 1367
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO PUBLIC RIGHTS-OF-WAY; AMENDING SECTION 40-202, IDAHO CODE, TO PRO-
3 VIDE THAT BY JULY 1, 2000, AND EVERY FIVE YEARS THEREAFTER, THE BOARD OF
4 COUNTY OR HIGHWAY DISTRICT COMMISSIONERS SHALL HAVE PUBLISHED IN MAP FORM
5 AND MADE READILY AVAILABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER
6 ITS JURISDICTION AND TO PROVIDE FOR AN EXTENSION OF TIME; AMENDING SECTION
7 40-604, IDAHO CODE, TO PROVIDE BY JULY 1, 2000, AND EVERY FIVE YEARS
8 THEREAFTER THAT COMMISSIONERS SHALL HAVE PUBLISHED IN MAP FORM AND MADE
9 READILY AVAILABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR
10 JURISDICTION, TO PROVIDE FOR AN EXTENSION OF TIME AND TO MAKE TECHNICAL
11 CORRECTIONS; AND AMENDING SECTION 40-1310, IDAHO CODE, TO PROVIDE BY JULY
12 1, 2000, AND EVERY FIVE YEARS THEREAFTER THAT THE COMMISSIONERS OF A HIGH-
13 WAY DISTRICT SHALL HAVE PUBLISHED IN MAP FORM AND MADE READILY AVAILABLE
14 THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER ITS JURISDICTION AND TO
15 PROVIDE FOR AN EXTENSION.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Section 40-202, Idaho Code, be, and the same is hereby
18 amended to read as follows:
19 40-202. DESIGNATION OF HIGHWAYS AND PUBLIC RIGHTS-OF-WAY. (1) The initial
20 selection of the county highway system and highway district system may be
21 accomplished in the following manner:
22 (a) The board of county or highway district commissioners shall cause a
23 map to be prepared showing each highway and public right-of-way in their
24 jurisdiction, and the commissioners shall cause notice to be given of
25 intention to adopt the map as the official map of that system, and shall
26 specify the time and place at which all interested persons may be heard.
27 (b) After the hearing, the commissioners shall adopt the map, with any
28 changes or revisions considered by them to be advisable in the public
29 interest, as the official map of the respective highway system.
30 (2) If a county or highway district acquires an interest in real property
31 for highway or public right-of-way purposes, the respective commissioners
33 (a) Cause any order or resolution enacted, and deed or other document
34 establishing an interest in the property for their highway system purposes
35 to be recorded in the county records; or
36 (b) Cause the official map of the county or highway district system to be
37 amended as affected by the acceptance of the highway or public right-of-
39 Provided, however, a county with highway jurisdiction or highway district may
40 hold title to an interest in real property for public right-of-way purposes
41 without incurring an obligation to construct or maintain a highway within the
42 right-of-way until the county or highway district determines that the necessi-
43 ties of public travel justify opening a highway within the right-of-way. The
1 lack of an opening shall not constitute an abandonment, and mere use by the
2 public shall not constitute an opening of the public right-of-way.
3 (3) Highways laid out, recorded and opened as described in subsection (2)
4 of this section, by order of a board of commissioners, and all highways used
5 for a period of five (5) years, provided they shall have been worked and kept
6 up at the expense of the public, or located and recorded by order of a board
7 of commissioners, are highways. If a highway created in accordance with the
8 provisions of this subsection is not designated on the official map of the
9 respective highway system or is not opened as described in subsection (2) of
10 this section, there shall be no duty to maintain that highway, nor shall there
11 be any liability for any injury or damage for failure to maintain it or any
12 highway signs, until the highway is designated as a part of the county or
13 highway district system by inclusion on the official map as a highway and
14 opened to public travel as a highway.
15 (4) When a public right-of-way is created in accordance with the provi-
16 sions of subsection (2) of this section, or section 40-203 or 40-203A, Idaho
17 Code, there shall be no duty to maintain that public right-of-way, nor shall
18 there be any liability for any injury or damage for failure to maintain it or
19 any highway signs.
20 (5) Nothing in this section shall limit the power of any board of commis-
21 sioners to subsequently include or exclude any highway or public right-of-way
22 from the county or highway district system.
23 (6) By July 1, 2000, and every five (5) years thereafter, the board
24 of county or highway district commissioners shall have published in map form
25 and made readily available the location of all public rights-of-way under its
26 jurisdiction. Any board of county or highway district commissioners may be
27 granted an extension of time with approval of the legislature by adoption of a
28 concurrent resolution.
29 SECTION 2. That Section 40-604, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 40-604. DUTIES AND POWERS OF COMMISSIONERS. Commissioners shall:
32 (1) Exercise general supervision over all highways in the county highway
33 system, including their location, design, construction, reconstruction, repair
34 and maintenance, and develop general policies regarding highway matters.
35 (2) Cause to be surveyed, viewed, laid out, recorded, opened and worked,
36 any highways or public rights - of - way as are neces-
37 sary for public convenience under the provisions of sections 40-202 and
38 40-203A, Idaho Code.
39 (3) Cause to be recorded all highways and public rights -
40 of - way within their highway system.
41 (4) Have authority to abandon and vacate any highway or public right
42 - of - way within their highway system under the provisions
43 of section 40-203, Idaho Code.
44 (5) Designate county highways, or parts of them, as controlled-access
45 highways and regulate, restrict or prohibit access to those highways so as
46 best to serve the traffic for which the facility is intended.
47 (6) Have authority to make agreements with any incorporated city, other
48 county, a highway district, the state, or the United States, its agencies,
49 departments, bureaus, boards, or any government owned corporation for the con-
50 struction, reconstruction, or maintenance of the county's highway system by
51 those entities or for the construction, reconstruction, or maintenance of the
52 highway systems of those entities by the county's highway organization. The
53 county shall compensate or be compensated for the fair cost of the work except
1 as otherwise specifically provided in this title.
2 (7) Let out by contract the improvement of highways, the construction and
3 repair of bridges or other adjuncts to highways, when the amount of work to be
4 done by contract exceeds five hundred dollars ($500). At least twenty-five
5 percent (25%) of the fund collected in any highway division must be expended
6 within the division in which the fund was collected.
7 (8) Contract, purchase, or otherwise acquire the right -
8 of - way over private property for the use of county highways
9 and for this purpose may institute proceedings under the code of civil proce-
11 (9) Levy an ad valorem tax to be paid into the county highway fund and
12 cause the tax collected each year to be paid into that fund and kept by the
13 treasurer as a separate fund. When all of the territory of a county is
14 included in one (1) or more highway districts the commissioners
15 shall not make any levy for general highway purposes.
16 (10) Audit and draw warrants on the county highway fund required for pay-
17 ment for rights-of-way improvement.
18 (11) Rename any highway within the county, excepting those situated within
19 the territorial limits of incorporated cities, when the renaming will eradi-
20 cate confusion.
21 (l2) Cause guide posts properly inscribed to be erected and maintained on
22 designated highways.
23 (13) Exercise other powers as may be prescribed by law.
24 (14) By July 1, 2000, and every five (5) years thereafter, the com-
25 missioners shall have published in map form and made readily available the
26 location of all public rights-of-way under their jurisdiction. The commission-
27 ers of a district may be granted an extension of time with approval of the
28 legislature by adoption of a concurrent resolution.
29 SECTION 3. That Section 40-1310, Idaho Code, be, and the same is hereby
30 amended to read as follows:
31 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The
32 commissioners of a highway district have, except as provided in section
33 40-1323, Idaho Code, exclusive general supervision and jurisdiction over all
34 highways within their highway system, with full power to construct, maintain,
35 repair and improve all highways within their highway system, whether directly
36 or by their own agents and employees or by contract. Except as otherwise pro-
37 vided in this chapter in respect to the highways within their highway system,
38 a highway district shall have all of the powers and duties that would by law
39 be vested in the commissioners of the county and in the district directors of
40 highways if the highway district had not been organized. Where any highway
41 within the limits of the highway district has been designated as a state high-
42 way, then the board shall have exclusive supervision, jurisdiction and control
43 over the designation, location, maintenance, repair and reconstruction of it.
44 The highway district shall have power to manage and conduct the business and
45 affairs of the district; establish and post speed and other regulatory signs;
46 make and execute all necessary contracts; have an office and employ and
47 appoint agents, attorneys, officers and employees as may be required, and pre-
48 scribe their duties and fix their compensation. Highway district commissioners
49 and their agents and employees have the right to enter upon any lands to make
50 a survey, and may locate the necessary works on the line of any highways on
51 any land which may be deemed best for the location.
52 (2) The highway district shall also have the right to acquire either by
53 purchase, or other legal means, all lands and other property necessary for the
1 construction, use, maintenance, repair and improvement of highways in their
2 system. The highway district may change the width or location, or straighten
3 lines of any highway in their system, and if in the constructing, laying out,
4 widening, changing, or straightening of any highways, it shall become neces-
5 sary to take private property, the district director of highways, with the
6 consent and on order of the highway district commissioners, shall cause a sur-
7 vey of the proposed highway to be made, together with an accurate description
8 of the lands required. He shall endeavor to agree with each owner of property,
9 resident of the county in which the district is situated, for the purchase of
10 a right-of-way over the lands included within the description. If the director
11 is able to agree with the owner of the lands, the highway district commission-
12 ers may purchase the land and pay for it out of the funds of the highway dis-
13 trict, and the lands purchased shall then be conveyed to the highway district
14 for the use and purpose of highways.
15 (3) Whenever the director of highways shall be unable to agree with any
16 person for the purchase of land, or that person shall be unknown or a nonresi-
17 dent of the county in which the highway district is situated, or a minor, or
18 an insane or incompetent person, the director shall have the right, subject to
19 the order of the highway district commissioners, to begin action in the name
20 of the highway district in the district court of the county in which the dis-
21 trict is situated, to condemn the land necessary for the right-of-way for the
22 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of
23 the highway district commissioners entered upon its minutes that the land
24 sought to be condemned is necessary for a public highway and public use shall
25 be prima facie evidence of the fact.
26 (4) The highway district has the power to contract for and pay out any
27 special rewards and bounties as may appear expedient or useful in securing
28 proper highway construction and maintenance, and to accept, on behalf of the
29 district, aid or contributions in the construction or maintenance of any high-
30 way; to construct or repair, with the consent of the corporate authorities of
31 any city within the district, any highway within a city, upon the division of
32 the cost as may be agreed upon; or to join with the state or any body politic
33 or political subdivision, or with any person in the construction or repair of
34 any highway and to contract for an equitable division of the cost; and all
35 counties, cities, highway districts and other bodies politic and political
36 subdivisions are authorized to contract with any highway district acting
37 through its highway district commissioners in exercise of the powers granted.
38 (5) The highway district has the power to receive highway petitions and
39 lay out, alter, create and abandon and vacate public highways and public
40 rights-of-way within their respective districts under the provisions of sec-
41 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public
42 highway, public street and/or public right-of-way is part of a platted subdi-
43 vision which lies within an established county/city impact area or within one
44 (1) mile of a city if a county/city impact area has not been established, con-
45 sent of the city council of the affected city, when the city has a functioning
46 street department with jurisdiction over the city streets, shall be necessary
47 prior to the granting of acceptance or vacation of said public street or pub-
48 lic right-of-way by the highway district board of commissioners.
49 (6) The highway district is empowered to take conveyance or other assur-
50 ances, in the name of the highway district, for all property acquired by it
51 under the provisions of this chapter for the purposes of this title. The high-
52 way district may institute and maintain any and all actions and proceedings,
53 suits at law and in equity, necessary or proper in order to carry out the pro-
54 visions of this chapter, or to enforce, maintain, protect or preserve any and
55 all rights, privileges and immunities provided in this chapter. In all courts,
1 actions, suits or proceedings, the highway district may sue, appear and
2 defend, in person or by attorneys, and in the name of the highway district.
3 (7) The highway district is empowered to hold, use, acquire, sell, man-
4 age, occupy and possess property. The highway district may create highway
5 divisions, which must be carefully and distinctly defined and described.
6 Highway divisions may be altered, changed, created or modified by the highway
7 district commissioners, as the need requires.
8 (8) The highway district board of commissioners shall have the exclusive
9 general supervisory authority over all public highways, public streets and
10 public rights-of-way under their jurisdiction, with full power to establish
11 design standards, establish use standards, establish regulations in accordance
12 with the provisions of title 49, Idaho Code, and control access to said public
13 highways, public streets and public rights-of-way.
14 (9) By July 1, 2000, and every five (5) years thereafter, the high-
15 way district board of commissioners shall have published in map form and made
16 readily available the location of all public rights-of-way under its jurisdic-
17 tion. Any highway district board of commissioners may be granted an extension
18 of time with the approval of the legislature by adoption of a concurrent reso-
STATEMENT OF PURPOSE
This legislation simply clarifies existing law by providing a
date certain by which Boards of County Commissioners and Boards
of Highway District Commissioners must prepare and make
available to the public maps showing the location of all public
rights-of-way under their jurisdiction.
Since such entities are already required by law to prepare
such maps and since such maps are routinely used by such
entitles in their day-to-day management of public
rights-of-way no fiscal impact is expected. Any cost incurred
because of the statutes already in place should be minimal
according to the counties which have already concurred with
Section 40-202 of the Idaho Code and they feel the savings in
litigation cost is
Reprinted at the request of the Transportation Committee
CONTACT: Sen. Lin Whitworth
STATEMENT OF PURPOSE/ FISCAL NOTE
Bill No. S 13 67