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S1137.....................................................by TRANSPORTATION HIGHWAYS - RIGHTS-OF-WAY - Adds to existing law to provide procedures when a state agency desires to close a highway or public right-of-way under the jurisdiction of a county or highway district; to require public hearings prior to closures of public lands, highways or rights-of-way; to provide for notice; and to provide for an exception in the case of emergency. 02/10 Senate intro - 1st rdg - to printing 02/11 Rpt prt - to Transp
S1137|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1137 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO CLOSURE OF PUBLIC LANDS, PUBLIC HIGHWAYS OR PUBLIC RIGHTS-OF-WAY; 3 AMENDING CHAPTER 23, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 4 TION 40-2325, IDAHO CODE, TO PROVIDE PROCEDURES WHEN A STATE AGENCY 5 DESIRES TO CLOSE A HIGHWAY OR PUBLIC RIGHT-OF-WAY UNDER THE JURISDICTION 6 OF A COUNTY OR HIGHWAY DISTRICT; AND AMENDING CHAPTER 23, TITLE 67, IDAHO 7 CODE, BY THE ADDITION OF A NEW SECTION 67-2347A, IDAHO CODE, TO REQUIRE 8 PUBLIC HEARINGS PRIOR TO CLOSURES OF PUBLIC LANDS, HIGHWAYS OR RIGHTS-OF- 9 WAY, TO PROVIDE FOR NOTICE AND TO PROVIDE AN EXCEPTION IN THE CASE OF 10 EMERGENCY. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Chapter 23, Title 40, Idaho Code, be, and the same is 13 hereby amended by the addition thereto of a NEW SECTION , to be 14 known and designated as Section 40-2325, Idaho Code, and to read as follows: 15 40-2325. CLOSURE OF LOCAL HIGHWAY OR PUBLIC RIGHT-OF-WAY CROSSING STATE 16 LANDS. Whenever a state agency desires to close, either temporarily or perma- 17 nently, a highway or public right-of-way which is under the jurisdiction of a 18 county or highway district, the agency shall first petition the appropriate 19 county or highway district to request the closure. The county or highway dis- 20 trict may then close the highway or public right-of-way after following the 21 procedures as outlined in section 40-2320, Idaho Code. 22 SECTION 2. That Chapter 23, Title 67, Idaho Code, be, and the same is 23 hereby amended by the addition thereto of a NEW SECTION , to be 24 known and designated as Section 67-2347A, Idaho Code, and to read as follows: 25 67-2347A. CLOSURES OF CERTAIN STATE LANDS -- PUBLIC HEARING. Whenever the 26 Idaho department of lands or the Idaho department of fish and game is propos- 27 ing to close all or a portion of public land, a highway or public right-of-way 28 which motor vehicles have been utilizing as a means of transportation, it 29 shall first hold hearings in each of the counties where the proposed closure 30 is to take place before it may take action. The entity shall place a legal 31 notice in a newspaper of countywide circulation in compliance with section 32 60-109, Idaho Code, advertising the proposed closure, the duration of the pro- 33 posed closure, the place of the public hearing(s) and the reason(s) for the 34 proposed closure and any agencies, entities or groups who have proposed that 35 the piece of public land, highway or public right-of-way be closed. Addition- 36 ally, the department of lands or the department of fish and game shall issue a 37 press release publicizing the public hearing and distribute it to television 38 stations, radio stations and other electronic disseminators of information to 39 get notice to the public. Provided however, when an emergency exists, the 40 entities need not comply with the provisions of this section.
Statement of Purpose/ Fiscal Impact
Statement of Purpose
RS 08933
Requires a state agency who desires to temporarily or
permanently close a highway or public right-of-way that a
county or a highway district has jurisdiction of, to first
petition the appropriate county or highway district and request
the closure. The second part of this legislation requires that
the Idaho Department of Fish and Game or the Idaho Department
of Lands, when wanting to close a public right-of-way currently
being used as a means of transportation, must first hold a
public hearing in the county(ies) affected by the closure.
Fiscal Impact
There will be no impact on the General Fund.
Contact: Stuart 0. Davis
Agency: Idaho Association of Highway Districts
Phone: 345-5176
Statement of Purpose/Fiscal Impact
RS 08933
S1137