Print Friendly HOUSE BILL NO. 331 – Highway/right-of-way, validation
HOUSE BILL NO. 331
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H0331...............................................by REVENUE AND TAXATION
HIGHWAYS - RIGHTS-OF-WAY - Amends existing law to provide that any
validated highway or right-of-way which has not previously been maintained
at public expense shall be compensated to the owner of the property through
which the highway or right-of-way passes.
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to Transp
03/15 Rpt out - rec d/p - to 2nd rdg
03/16 2nd rdg - to 3rd rdg
03/17 3rd rdg - PASSED - 69-0-1
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet,
Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger, Ringo,
Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Wheeler,
Williams, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Montgomery
Floor Sponsor - Kempton
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 331
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO VALIDATION OF COUNTY OR HIGHWAY DISTRICT SYSTEM'S HIGHWAY OR PUB-
3 LIC RIGHT-OF-WAY; AMENDING SECTION 40-203A, IDAHO CODE, TO PROVIDE THAT
4 ANY VALIDATED HIGHWAY OR RIGHT-OF-WAY WHICH HAS NOT PREVIOUSLY BEEN MAIN-
5 TAINED AT PUBLIC EXPENSE SHALL BE COMPENSATED TO THE OWNER OF THE PROPERTY
6 THROUGH WHICH THE HIGHWAY OR RIGHT-OF-WAY PASSES.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Section 40-203A, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-203A. VALIDATION OF COUNTY OR HIGHWAY DISTRICT SYSTEM HIGHWAY OR PUB-
11 LIC RIGHT-OF-WAY. (1) Any resident or property holder within a county or high-
12 way district system, including the state of Idaho or any of its subdivisions,
13 or any agency of the federal government, may petition the board of county or
14 highway district commissioners, whichever shall have jurisdiction of the high-
15 way system, to initiate public proceedings to validate a highway or public
16 right-of-way, including those which furnish public access to state and federal
17 public lands and waters, provided that the petitioner shall pay a reasonable
18 fee as determined by the commissioners to cover the cost of the proceedings,
19 or the commissioners may initiate validation proceedings on their own resolu-
20 tion, if any of the following conditions exist:
21 (a) If, through omission or defect, doubt exists as to the legal estab-
22 lishment or evidence of establishment of a highway or public right-of-way;
23 (b) If the location of the highway or public right-of-way cannot be accu-
24 rately determined due to numerous alterations of the highway or public
25 right-of-way, a defective survey of the highway, public right-of-way or
26 adjacent property, or loss or destruction of the original survey of the
27 highways or public rights-of-way; or
28 (c) If the highway or public right-of-way as traveled and used does not
29 conform to the location of a highway or public right-of-way described on
30 the official map or in the public records.
31 (2) If proceedings for validation of a highway or public right-of-way are
32 initiated, the commissioners shall follow the procedure set forth in section
33 40-203, Idaho Code, and shall:
34 (a) Cause the highway or public right-of-way to be surveyed;
35 (b) Cause a report to be prepared, including the survey and any other
36 information required by the board;
37 (c) Establish a hearing date on the proceedings for validation;
38 (d) Cause notice of the proceedings to be provided in the same manner as
39 for abandonment and vacation proceedings; and
40 (e) At the hearing, the commissioners shall consider all information
41 relating to the proceedings and shall accept testimony from persons having
42 an interest in the proposed validation.
43 (3) Upon completion of the proceedings, the commissioners shall determine
1 whether validation of the highway or public right-of-way is in the public
2 interest and shall enter an order validating the highway or public right-of-
3 way as public or declaring it not to be public.
4 (4) From any such decision, any resident or property holder within a
5 county or highway district system, including the state of Idaho or any of its
6 subdivisions, or any agency of the federal government, may appeal to the dis-
7 trict court of the county in which the highway or public right-of-way is
8 located pursuant to section 40-208, Idaho Code.
9 (5) When a board of commissioners validates a highway or public right-of-
10 way, it shall cause the survey to be recorded in the county records and shall
11 amend the official map of the county or highway district system.
12 (6) The commissioners shall proceed to determine and provide just compen-
13 sation for :
14 (a) T t he removal of any structure that, prior to cre-
15 ation of the highway or public right-of-way, encroached upon a highway or
16 public right-of-way that is the subject of a validation proceeding, or if
17 such is not practical, the commissioners may acquire property to alter the
18 highway or public right-of-way being validated ; and
19 (b) Any validated highway or right-of-way which has not previously been
20 maintained at public expense .
21 (7) This section does not apply to the validation of any highway, public
22 street or public right-of-way which is to be accepted as part of a platted
23 subdivision pursuant to chapter 13, title 50, Idaho Code.
STATEMENT OF PURPOSE
This proposed legislation establishes that just compensation may be
required as a result of highway or right-of-way validation.
There is no fiscal impact unless a determination is made by a
highway board of commissioners that just compensation is required
in conjunction with an approved highway or right-of-way validation.
CONTACT: Rep. Jim Kempton
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 331