Print Friendly HOUSE BILL NO. 359 – Hwys/rights-of-way, certain, gating
HOUSE BILL NO. 359
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H0359...............................................by REVENUE AND TAXATION
HIGHWAYS - RIGHTS-OF-WAY - Amends existing law to extend the definition of
"improved highways" and "public rights-of-way"; and to revise the
conditions and procedures for lawful barricades or gating of highways and
public rights-of-way by counties and highway districts.
03/09 House intro - 1st rdg - to printing
03/10 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 - 66-1-3
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Cuddy, Deal, Denney,
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, Sali, Schaefer, Sellman, Smith,
Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Tippets, Trail,
Watson, Wheeler, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- Robison
Absent and excused -- Crow, Ellsworth, Montgomery
Floor Sponsor - Wood
Title apvd - to Senate
03/17 Senate intro - 1st rdg - to Transp
03/18 Rpt out - rec d/p - to 2nd rdg
03/19 2nd rdg - to 3rd rdg
Rules susp - FAILED - 15-19-1
AYES--Andreason, Boatright, Bunderson, Dunklin, Frasure, Ingram,
McLaughlin, Richardson, Riggs, Risch, Schroeder, Stegner, Stennett,
NAYS--Branch, Burtenshaw, Cameron, Crow, Danielson, Darrington,
Davis, Deide, Geddes, Hawkins, Ipsen, Keough, King, Lee, Noh, Sandy,
Sorensen, Thorne, Twiggs
Absent and excused--Parry
Filed with Chief Clerk
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 359
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAYS; AMENDING SECTION 40-110, IDAHO CODE, TO FURTHER DEFINE
3 "IMPROVED HIGHWAY" AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION
4 40-117, IDAHO CODE, TO FURTHER DEFINE "PUBLIC RIGHT-OF-WAY" AND TO MAKE
5 TECHNICAL CORRECTIONS; AND AMENDING SECTION 40-2320, IDAHO CODE, TO REVISE
6 THE CONDITIONS AND PROCEDURES FOR LAWFUL BARRICADES OR GATING OF HIGHWAYS
7 AND PUBLIC RIGHTS-OF-WAY BY COUNTIES AND HIGHWAY DISTRICTS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 40-110, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 40-110. DEFINITIONS -- I.
12 (1) "Improved highway" means a highway that is a graded and
13 drained earth traveled way or better, to include one (1) graded
14 and graveled or with paved surface, and a graded and drained earth highway
15 means a traveled way of natural earth, aligned and graded to permit reasonably
16 convenient use by motor vehicles, and drained by a longitudinal and transverse
17 system, natural or artificial, sufficient to prevent serious impairment of the
18 highway by surface water. Improved highways meeting the standards of
19 this section, shall be considered in determining the certified mileage of a
20 county or highway district for the purpose of funding as provided in section
21 40-709(2)(c) and (3)(c), Idaho Code. For the purpose of certification, if a
22 city corporate boundary follows the centerline of an improved highway, one-
23 half (1/2) of the mileage for each highway surface along the length of said
24 city boundary shall be included in the county or highway district certifica-
25 tion. If a county or highway district boundary follows the centerline of an
26 improved highway, mileage will be determined by agreement of the entities or,
27 if there is no agreement, then one-half (1/2) shall be attributed to each
28 entity. Highways laid out and marked to include four (4) or more travel lanes
29 shall be considered as two (2) highways for the purposes of certification. An
30 improved highway may be gated or barricaded as provided in section 40-2320,
31 Idaho Code.
32 (2) "Individual" means a person who is not a member of a family.
33 (3) "Industrial activities." (See "Unzoned commercial or industrial
34 areas," section 40-122, Idaho Code)
35 (4) "Industrial areas, unzoned." (See "Unzoned commercial or industrial
36 areas," section 40-122, Idaho Code)
37 (5) "Information center" means any area or site established and main-
38 tained at a safety rest area on an interstate or primary highway by or under
39 the supervision or control of the department, where panels for the display of
40 advertising and informational signs may be erected and maintained.
41 (6) "Interchange area" means the commencing or ending at the beginning of
42 pavement widening at the exit or entrance to the main traveled way of an
43 interstate, primary freeway, or turnpike project.
1 (7) "Interstate system" or "interstate highway" means any portion of the
2 national system of interstate and defense highways located within the state,
3 as officially designated or as may be hereafter so designated, by the Idaho
4 transportation board, and approved by the secretary of transportation, pursu-
5 ant to the provisions of title 23, U.S. Code, "Highways " . "
7 SECTION 2. That Section 40-117, Idaho Code, be, and the same is hereby
8 amended to read as follows:
9 40-117. DEFINITIONS -- P.
10 (1) "Person" includes every natural person, firm, fiduciary, copartner-
11 ship, association, corporation, trustee, receiver or assignee for the benefit
12 of creditors.
13 (2) "Place." (See "Maintain," section 40-114, Idaho Code)
14 (3) "Primary system" or "primary highway" means any portion of the high-
15 ways of the state, as officially designated, or as may hereafter be so desig-
16 nated, by the Idaho transportation board, and approved by the secretary of
17 transportation, pursuant to the provisions of title 23, U.S. Code,
18 "Highways " . "
19 (4) "Public highway agency" means the state transportation department,
20 any city, county, highway district or other political subdivision of the state
21 with jurisdiction over public highway systems and public rights -
22 of - way.
23 (5) "Public highways" mean s all highways open to public use
24 in the state, whether maintained by the state or by any county, highway dis-
25 trict, city, or other political subdivision. (Also see "Highways," section
26 40-109, Idaho Code)
27 (6) "Public right - of - way" means a right -
28 of - way open to the public and under the juris-
29 diction of a public local highway agency, where the
30 public local highway agency has not formally
31 opened the right-of-way as a public highway and where the local highway agency
32 has no obligation to construct or maintain said public
33 right - of - way when used by the public
34 for vehicular traffic. A public right-of-way is a right-of-way which was
35 originally intended for development as a highway and was accepted on behalf of
36 the public by deed of purchase, fee simple title, authorized easement, eminent
37 domain, platted subdivision, declassification of a highway or by validation of
38 a federal land right-of-way. Local highway agencies may expend funds for the
39 maintenance of a public right-of-way. However, public rights-of-way shall not
40 be considered as improved highways for counties and highway districts to be
41 eligible to receive funds from the highway distribution account or the
42 restricted highway fund. A public right-of-way may be barricaded or gated as
43 provided in section 40-2320, Idaho Code.
44 SECTION 3. That Section 40-2320, Idaho Code, be, and the same is hereby
45 amended to read as follows:
46 40-2320. BARRICADES OR GATES -- PENALTIES
47 HIGHWAYS AND PUBLIC RIGHTS-OF-WAY . (1) No barricade or
48 gate s shall be allowed on any public highway ,
49 except on highways running through land subject to overflow to an extent as to
50 remove the fences. When allowed they shall be erected and maintained at the
51 expense of the owner or occupant at whose request or for whose benefit they
1 were erected. If the expense is not paid, the gate shall be removed as an
3 (2) Any person who leaves a gate open, or who willfully and unnecessarily
4 rides over ground adjoining the highway on which the gate is erected, shall
5 forfeit treble damages to the injured party or public right-of-
6 way under the jurisdiction of a county or highway district, unless authorized
7 by the appropriate county or highway district.
8 (2) A county or highway district may seasonally barricade or gate high-
9 ways or public rights-of-way. Provided however, the commissioners, except in
10 an emergency, or during construction or maintenance, first shall, by resolu-
11 tion, declare their intention to seasonally barricade any highway or public
12 right-of-way. The resolution shall state the justification and conditions of
13 the barricade.
14 (3) The commissioners may on their own initiative, or any resident or
15 property holder within a county or highway district system, including the
16 state of Idaho, any of its subdivisions, or any agency of the federal govern-
17 ment may petition the respective commissioners to seasonally barricade any
18 highway or public right-of-way within their highway system.
19 (4) The commissioners shall establish a hearing date or dates on the pro-
20 posed seasonal barricade.
21 (5) The commissioners shall prepare a public notice stating their inten-
22 tion to hold a public hearing to consider the proposed seasonal barricade of a
23 highway or public right-of-way which shall be made available to the public not
24 later than thirty (30) days prior to any hearing and mailed to any person
25 requesting a copy not more than three (3) working days after such a request.
26 (6) At least thirty (30) days prior to any hearing scheduled by the com-
27 missioner to consider a seasonal barricade of any highway or public right-of-
28 way, the commissioners shall mail notice by United States mail to known owners
29 and operators of an underground facility, as defined in section 55-2202, Idaho
30 Code, that lies within the highway or public right-of-way.
31 (7) At least thirty (30) days prior to any hearing scheduled by the com-
32 missioners to consider a seasonal barricade of any highway or public right-of-
33 way, the commissioners shall mail notice to owners of record of land abutting
34 the portion of the highway or public right-of-way proposed for a seasonal bar-
35 ricade at their addresses as shown on the county assessor's tax rolls and
36 shall publish notice of the hearing at least two (2) times, if in a weekly
37 newspaper, or three (3) times, if in a daily newspaper, the last notice to be
38 published at least five (5) days and not more than twenty-one (21) days before
39 the hearing.
40 (8) At the hearing, the commissioners shall accept all information relat-
41 ing to the proceedings. Any person, including the state of Idaho or any or its
42 subdivisions, or any agency of the federal government, may appear and give
43 testimony for or against a seasonal barricade.
44 (9) After completion of the proceedings and consideration of all related
45 information, the commissioners shall decide whether the seasonal barricade of
46 the highway or public right-of-way is in the public interest of the applicable
47 highway jurisdiction. The decision whether or not to seasonally barricade or
48 gate the highway or public right-of-way shall be written and supported by
49 findings of fact and conclusions of law. The conditions of the petition and
50 resolution must state if the seasonal barricade needs to be on a year-to-year
51 basis. Amendments to the petition and resolution can be made by commissioners
52 at the request of any resident or property holder in the county or highway
53 district waiving the public hearing and public comment period.
54 (10) From any such decision, a resident or property holder within the
55 county or highway district system, including the state of Idaho or any of its
1 subdivisions or any agency of the federal government, may appeal to the dis-
2 trict court of the county in which the highway or public right-of-way is
3 located pursuant to section 40-208, Idaho Code.
4 (11) If the commissioners determine that a highway or public right-of-way
5 be seasonally barricaded, they shall cause to be erected a sign identifying
6 the appropriate highway jurisdiction, and if necessary conditions of barri-
8 (12) No highway or public right-of-way or parts thereof shall, except in
9 an emergency, or during construction or maintenance, be barricaded so as to
10 leave any real property adjoining or serviced by the highway or public right-
11 of-way without access to an established highway or public right-of-way.
12 (13) In the event of barricade, rights-of-way or easements may be reserved
13 for the continued use of existing sewer, gas, water, or similar pipelines and
14 appurtenances, or other underground facilities as defined in section 55-2202,
15 Idaho Code, for ditches or canals and appurtenances, and for electric, tele-
16 phone and similar lines and appurtenances.
17 (14) Until a seasonal barricade is authorized by the commissioners, public
18 use of the highway or public right-of-way may not be restricted or impeded by
19 encroachment or installation of any barricade restricting public use, or by
20 the installation of signs or notices that might tend to restrict or prohibit
21 public use. Any person violating the provisions of this subsection shall be
22 guilty of a misdemeanor.
23 (15) Any person who removes a barricade or opens a gate which was approved
24 as provided in this section, without authorization of the appropriate county
25 or highway district, shall be guilty of a misdemeanor .
STATEMENT OF PURPOSE
This bill amends the definition of "Improved Highway" in
determining certified mileages of a county or highway district.
This bill also amends the definition of "Public right-of-way." It
permits local highway agencies to expend funds on public rights-of-way, but public right-of-way mileage shall not be considered
as improved highways for funding purposes.
Provides for seasonal gating of highways and public rights-of-way
by counties and highway districts through a process that includes
public notification and hearings.
There will be no impact of the General Fund, nor on the Highway
Distribution Account or the Restricted Highway Account.
CONTACT: Rep. JoAn Wood
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 359