Print Friendly HOUSE BILL NO. 360 – Rights-of-way, federal lands
HOUSE BILL NO. 360
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H0360...............................................by REVENUE AND TAXATION
RIGHTS-OF-WAY - Amends existing law to further define "expense of the
public"; and to provide for validation of federal lands 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 - 58-0-12
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Callister, Campbell, Chase, Clark, Crow, Deal, Denney, Ellsworth,
Field(13), Field(20), Gagner, Geddes, Hadley, Hammond, Hansen(29),
Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Kunz, Limbaugh,
Linford, Loertscher, Mader, Marley, McKague, Meyer(Duncan),
Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ringo, Robison, Sali,
Schaefer, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Tippets, Trail, Williams, Wood, Zimmermann, Mr Speaker
NAYS -- None
Absent and excused -- Black, Cuddy, Gould, Hansen(23), Jaquet, Jones,
Lake, Montgomery, Ridinger, Sellman, Watson, Wheeler
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 - 11-16-8
AYES--Branch, Bunderson, Darrington, Hawkins, Ingram, Richardson,
Riggs, Risch, Sorensen, Thorne, Whitworth
NAYS--Andreason, Boatright, Burtenshaw, Davis, Dunklin, Geddes,
Ipsen, Keough, King, Lee, McLaughlin, Noh, Sandy, Schroeder, Stegner,
Absent and excused--Cameron, Crow, Danielson, Deide, Frasure, 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. 360
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAYS; AMENDING SECTION 40-106, IDAHO CODE, TO FURTHER DEFINE
3 "EXPENSE OF THE PUBLIC" AND TO MAKE TECHNICAL CORRECTIONS; AND AMENDING
4 SECTION 40-204A, IDAHO CODE, TO PROVIDE FOR VALIDATION OF FEDERAL LAND
5 RIGHTS-OF-WAY AS HIGHWAYS BY COUNTIES AND HIGHWAY DISTRICTS, TO PROVIDE
6 FOR FILING OF RECORD ACKNOWLEDGEMENTS AND AN INDEX AND TO MAKE TECHNICAL
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Section 40-106, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 40-106. DEFINITIONS -- E.
12 (1) "Erect" means to construct, build, raise, assemble, place, affix,
13 create, paint, draw or in any other way bring into being or establish, but
14 does not include any of the foregoing activities when performed incident to
15 the change of an advertising message or customary maintenance of a sign. With
16 respect to certain easements held by the state restricting the erection of
17 structures on certain lands, the state of Idaho and the department shall be
18 deemed to have waived such restrictions with regard only to each sign erected
19 prior to October 22, 1965.
20 (2) "Expenditure" means the awarding of a contract, franchise or author-
21 ity to another by a district, and every manner and means whereby the highway
22 district disburses district funds or obligates itself to disburse district
23 funds. "Expenditure" does not include disbursement of district funds to regu-
24 larly employed highway district employees, officials or agents, or for the
25 acquisition of personal property through a contract that has been competi-
26 tively bid by the state of Idaho, one of its subdivisions, or an agency of the
27 federal government.
28 (3) "Expense of the public" means the expenditure of funds for roadway
29 maintenance by any governmental agency, including funds expended by any agency
30 of the federal government, so long as the agency allows public access over the
31 roadway on which the funds were expended . and such
32 Providing however, that expenditure of funds for roadway is
33 not located on maintenance by a federal or state
34 -owned land agency shall not obligate a county or highway dis-
35 trict to accept such roadway into the county or highway district highway sys-
36 tem .
37 SECTION 2. That Section 40-204A, Idaho Code, be, and the same is hereby
38 amended to read as follows:
39 40-204A. FEDERAL LAND RIGHTS - OF - WAY. (1) The
40 state recognizes that the act of construction and first use constitute the
41 acceptance of the grant given to the public for federal land rights -
1 of - way, and that once acceptance of the grant has been
2 established, the grant shall be for the perpetual term granted by the congress
3 of the United States.
4 (2) The only method for the abandonment of these rights -
5 of - way shall be that of eminent domain proceedings in which
6 the taking of the public's right to access shall be justly compensated. Nei-
7 ther the mere passage of time nor the frequency of use shall be considered a
8 justification for considering these rights - of - way to
9 have been abandoned.
10 (3) All of the said rights - of - way shall be
11 shown by some form of documentation to have existed prior to the withdrawal of
12 the federal grant in 1976 or to predate the removal of land through which they
13 transit from the public domain for other public purposes. Documentation
14 shall may take the form of at least a map,
15 and an affidavit , . S s
16 urveys, books and or other historic
17 information . may also be included.
18 (4) These rights - of - way shall not require main-
19 tenance for the passage of vehicular traffic, nor shall any liability be
20 incurred for injury or damage through a failure to maintain the access or to
21 maintain any highway sign. These rights - of - way shall
22 be traveled at the risk of the user and may be maintained by the public
23 through usage by the public.
24 (5) Any member of the public, the state of Idaho and any of its political
25 subdivisions, and any agency of the federal government may choose to seek val-
26 idation of its rights under law to use granted rights - of -
27 way either through a process set forth by the state of Idaho, through
28 processes set forth by any federal agency or by proclamation of user rights
29 granted under the provisions of the original act, Revised Statute 2477.
30 These rights of way shall not be required to possess centerline sur-
31 veys typical of publicly maintained roads, but shall be surveyed prior to
32 being accepted into the maintained public highway system Persons
33 seeking to have these federal land rights-of-way, including those which fur-
34 nish public access to state and federal public lands and waters, validated as
35 a highway or public right-of-way as part of a county or highway district offi-
36 cial highway system shall follow the procedure outlined in section 40-203A,
37 Idaho Code .
38 Neither the granting of the original right - of -
39 way nor any provision in this or any other state act shall be construed
40 as a relinquishment of either federal ownership or management of the surface
41 estate of the property over which the right - of - way
43 (6) Persons seeking acknowledgement of federal land rights -
44 of - way shall file with the county recorder the request for
45 acknowledgement and for any supporting documentation. The county recorder
46 shall place the acknowledgement on the official county road system map
47 record acknowledgements, including supporting documentation, and
48 maintain an appropriate index of same .
STATEMENT OF PURPOSE
This bill amends the definition of 'Expense of the Public" to
provide that road maintenance expenditure by a federal or state
agency shall not obligate a county or a highway district to accept
such roadway into their highway system.
The bill also provides that federal lands rights-of-way may be
accepted as a highway when validated as provided in existing code
and provides that acknowledgments of federal lands rights-of-way
shall be recorded and indexed by county recorders.
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 360