2000 Legislation
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SENATE BILL NO. 1407, As Amended – Hwys/rights-of-way, mapping

SENATE BILL NO. 1407, As Amended

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S1407aa...................................................by TRANSPORTATION
HIGHWAYS - RIGHTS-OF-WAY - Amends existing law to clarify mapping of
highways and rights-of-way by commissioners of highway jurisdictions; to
extend the date by which boards of county or highway district commissioners
shall have published in map form and made available the location of all
public rights-of-way under their jurisdictions; to provide limitations on
the authority of a public highway agency to assert or claim rights superior
to or in conflict with rights-of-way that resulted from the creation of
certain facilities in the transmission of water; to provide for abandonment
or vacation of federal land rights-of-way; to revise the use of surveys
when a highway jurisdiction validates a highway or public right-of-way; to
provide a procedure for validation of a federal land right-of-way; and to
provide for recording acknowledgments of federal land rights-of-way.
                                                                        
02/11    Senate intro - 1st rdg - to printing
02/14    Rpt prt - to Transp
03/10    Rpt out - to 14th Ord
03/15    Rpt out amen - to engros
03/16    Rpt engros - 1st rdg - to 2nd rdg as amen
03/17    2nd rdg - to 3rd rdg as amen
03/21    3rd rdg as amen - PASSED - 29-0-6
      AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
      Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Hawkins,
      Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Richardson,
      Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne,
      Whitworth, Williams
      NAYS--None
      Absent and excused--Crow, Geddes, Noh, Parry, Stegner, Wheeler
    Floor Sponsor - Whitworth
    Title apvd - to House
03/22    House intro - 1st rdg as amen - to Transp
03/27    Rpt out - rec d/p - to 2nd rdg as amen
03/28    2nd rdg - to 3rd rdg as amen
04/03    3rd rdg as amen - PASSED - 63-1-6
      AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Boe,
      Bruneel, Chase, Cheirrett, Crow, Cuddy, Deal, Denney, Ellsworth,
      Field(13), Field(20), Geddes, Gould, Hadley, Hammond, Hansen(23),
      Hansen(29), Henbest, Hornbeck, Judd, Kellogg, Kempton, Kendell, Kunz,
      Lake, Linford, Loertscher(Loertscher), Mader, Marley, McKague, Meyer,
      Montgomery, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy,
      Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
      Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
      Trail, Wheeler, Wood, Zimmermann, Mr Speaker
      NAYS -- Campbell
      Absent and excused -- Black, Callister, Clark, Gagner, Jaquet, Jones
    Floor Sponsor - Ringo
    Title apvd - to Senate
04/04    To enrol - rpt enrol - Pres signed
04/05    Sp signed
04/06    To Governor
04/12    Governor signed
         Session Law Chapter 251
         Effective: 04/12/00

Bill Text


 S1407
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                              SENATE BILL NO. 1407, As Amended
                                                                        
                                BY TRANSPORTATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO HIGHWAYS AND PUBLIC RIGHTS-OF-WAY; AMENDING SECTION 40-202,  IDAHO
  3        CODE,  TO  PROVIDE  THAT  A  MAP  OF THE HIGHWAYS AND PUBLIC RIGHTS-OF-WAY
  4        WITHIN A HIGHWAY JURISDICTION SHALL SHOW THE GENERAL LOCATION OF EACH SUCH
  5        HIGHWAY AND PUBLIC RIGHT-OF-WAY, TO CLARIFY USE  OF  AN  OFFICIAL  HIGHWAY
  6        SYSTEM  MAP,  TO EXTEND THE DATE BY WHICH BOARDS OF COUNTY OR HIGHWAY DIS-
  7        TRICT COMMISSIONERS SHALL HAVE PUBLISHED IN  MAP  FORM  AND  MADE  READILY
  8        AVAILABLE  THE  LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR JURISDIC-
  9        TIONS, AND TO PROVIDE LIMITATIONS ON THE AUTHORITY  OF  A  PUBLIC  HIGHWAY
 10        AGENCY  TO  ASSERT OR CLAIM RIGHTS SUPERIOR TO OR IN CONFLICT WITH RIGHTS-
 11        OF-WAY THAT RESULTED FROM THE  CREATION  OF  CERTAIN  FACILITIES  FOR  THE
 12        TRANSMISSION  OF WATER; AMENDING SECTION 40-203, IDAHO CODE, TO CLARIFY TO
 13        WHOM NOTICE SHALL BE SENT OF HEARINGS SCHEDULED ON ABANDONMENT OR VACATION
 14        OF A HIGHWAY OR RIGHT-OF-WAY, TO PROVIDE THAT DECISIONS  OF  COMMISSIONERS
 15        SHALL  BE  IN THE PUBLIC INTEREST OF THE AFFECTED HIGHWAY JURISDICTION AND
 16        TO PROVIDE FOR REVERSION OF FEDERAL LAND RIGHTS-OF-WAY AND TO MAKE A TECH-
 17        NICAL CORRECTION; AMENDING SECTION 40-203A, IDAHO CODE,  TO  PROVIDE  THAT
 18        HIGHWAYS  AND  PUBLIC RIGHTS-OF-WAY ON HIGHWAY SYSTEM MAPS SHALL GENERALLY
 19        CONFORM AS TO LOCATION, TO PROVIDE FOR THE OPTIONAL USE  OF  SURVEYS  WHEN
 20        VALIDATING  A  HIGHWAY OR PUBLIC RIGHT-OF-WAY AND TO PROVIDE PROPER TERMI-
 21        NOLOGY; AMENDING SECTION 40-204A, IDAHO CODE, TO PROVIDE FOR VALIDATION OF
 22        FEDERAL LAND RIGHTS-OF-WAY, TO PROVIDE FOR RECORDING  OF  ACKNOWLEDGEMENTS
 23        OF  FEDERAL  LAND  RIGHTS-OF-WAY  AND  TO  MAKE TECHNICAL CORRECTIONS; AND
 24        DECLARING AN EMERGENCY.
                                                                        
 25    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 26        SECTION 1.  That Section 40-202, Idaho Code, be, and the  same  is  hereby
 27    amended to read as follows:
                                                                        
 28        40-202.  DESIGNATION OF HIGHWAYS AND PUBLIC RIGHTS-OF-WAY. (1) The initial
 29    selection  of  the  county  highway  system and highway district system may be
 30    accomplished in the following manner:
 31        (a)  The board of county or highway district commissioners shall  cause  a
 32        map to be prepared showing the general location of each highway and public
 33        right-of-way  in  their  jurisdiction,  and  the commissioners shall cause
 34        notice to be given of intention to adopt the map as the  official  map  of
 35        that  system, and shall specify the time and place at which all interested
 36        persons may be heard.
 37        (b)  After the hearing, the commissioners shall adopt the  map,  with  any
 38        changes  or  revisions  considered  by  them to be advisable in the public
 39        interest, as the official map of the respective highway system.
 40        (2)  If a county or highway district acquires an interest in real property
 41    for highway or public  right-of-way  purposes,  the  respective  commissioners
 42    shall:
 43        (a)  Cause  any  order  or  resolution enacted, and deed or other document
                                                                        
                                           2
                                                                        
  1        establishing an interest in the property for their highway system purposes
  2        to be recorded in the county records; or
  3        (b)  Cause the official map of the county or highway district system to be
  4        amended as affected by the acceptance of the highway or  public  right-of-
  5        way.
  6    Provided,  however, a county with highway jurisdiction or highway district may
  7    hold title to an interest in real property for  public  right-of-way  purposes
  8    without  incurring an obligation to construct or maintain a highway within the
  9    right-of-way until the county or highway district determines that the necessi-
 10    ties of public travel justify opening a highway within the  right-of-way.  The
 11    lack  of  an  opening shall not constitute an abandonment, and mere use by the
 12    public shall not constitute an opening of the public right-of-way.
 13        (3)  Highways laid out, recorded and opened as described in subsection (2)
 14    of this section, by order of a board of commissioners, and all  highways  used
 15    for  a period of five (5) years, provided they shall have been worked and kept
 16    up at the expense of the public, or located and recorded by order of  a  board
 17    of  commissioners,  are  highways. If a highway created in accordance with the
 18    provisions of this subsection is not designated on the  official  map  of  the
 19    respective  highway  system or is not opened as described in subsection (2) of
 20    this section, there shall be no duty to maintain that highway, nor shall there
 21    be any liability for any injury or damage for failure to maintain  it  or  any
 22    highway  signs,  until  the  highway  is designated as a part of the county or
 23    highway district system by inclusion on the official  map  as  a  highway  and
 24    opened to public travel as a highway.
 25        (4)  When  a  public right-of-way is created in accordance with the provi-
 26    sions of subsection (2) of this section, or section 40-203 or  40-203A,  Idaho
 27    Code,  there  shall be no duty to maintain that public right-of-way, nor shall
 28    there be any liability for any injury or damage for failure to maintain it  or
 29    any highway signs.
 30        (5)  Nothing in this section shall limit the power of any board of commis-
 31    sioners  to subsequently include or exclude any highway or public right-of-way
 32    from the county or highway district system.
 33        (6)  By July 1, 20005, and every five (5) years thereafter, the  board  of
 34    county  or highway district commissioners shall have published in map form and
 35    made readily available a map  showing  the  general  location  of  all  public
 36    rights-of-way  under its jurisdiction. Any board of county or highway district
 37    commissioners may be granted an extension of time with approval of the  legis-
 38    lature by adoption of a concurrent resolution.
 39        (7)  Nothing in this section or in any designation of the general location
 40    of  a highway or public right-of-way shall authorize the public highway agency
 41    to assert or claim rights superior to or in conflict  with  any  rights-of-way
 42    that  resulted  from  the creation of a facility for the transmission of water
 43    which existed before the designation of the location of a  highway  or  public
 44    right-of-way.
                                                                        
 45        SECTION  2.  That  Section  40-203, Idaho Code, be, and the same is hereby
 46    amended to read as follows:
                                                                        
 47        40-203.  ABANDONMENT AND VACATION OF COUNTY AND  HIGHWAY  DISTRICT  SYSTEM
 48    HIGHWAYS  OR  PUBLIC  RIGHTS-OF-WAY. (1) A board of county or highway district
 49    commissioners, whichever shall have jurisdiction of the highway system,  shall
 50    use the following procedure to abandon and vacate any highway or public right-
 51    of-way  in the county or highway district system including those which furnish
 52    public access to state and federal public lands and waters:
 53        (a)  The commissioners may by resolution declare its intention to  abandon
                                                                        
                                           3
                                                                        
  1        and  vacate  any highway or public right-of-way considered no longer to be
  2        in the public interest.
  3        (b)  Any resident, or property holder, within a county or highway district
  4        system including the state of Idaho,  any  of  its  subdivisions,  or  any
  5        agency of the federal government may petition the respective commissioners
  6        for  abandonment and vacation of any highway or public right-of-way within
  7        their highway system. The petitioner shall pay a reasonable fee as  deter-
  8        mined by the commissioners to cover the cost of the proceedings.
  9        (c)  The commissioners shall establish a hearing date or dates on the pro-
 10        posed abandonment and vacation.
 11        (d)  The  commissioners shall prepare a public notice stating their inten-
 12        tion to hold a public hearing to consider  the  proposed  abandonment  and
 13        vacation of a highway or public right-of-way which shall be made available
 14        to  the  public  not  later than thirty (30) days prior to any hearing and
 15        mailed to any person requesting a copy not more  than  three  (3)  working
 16        days after any such request.
 17        (e)  At  least thirty (30) days prior to any hearing scheduled by the com-
 18        missioners to consider abandonment and vacation of any highway  or  public
 19        right-of-way, the commissioners shall mail notice by United States mail to
 20        known  owners and operators of an underground facility, as defined in sec-
 21        tion 55-2202, Idaho Code, that lies within the highway or public right-of-
 22        way.
 23        (f)  At least thirty (30) days prior to any hearing scheduled by the  com-
 24        missioners  to  consider abandonment and vacation of any highway or public
 25        right-of-way, the commissioners shall mail notice to owners of  record  of
 26        land  abutting  the portion of the highway or public right-of-way proposed
 27        to be abandoned and vacated at their addresses  as  shown  on  the  county
 28        assessor's  tax rolls and shall publish notice of the hearing at least two
 29        (2) times if in a weekly newspaper or three (3) times if in a daily  news-
 30        paper, the last notice to be published at least five (5) days and not more
 31        than twenty-one (21) days before the hearing.
 32        (g)  At the hearing, the commissioners shall accept all information relat-
 33        ing  to  the proceedings.  Any person, including the state of Idaho or any
 34        of its subdivisions, or any agency of the federal government,  may  appear
 35        and give testimony for or against abandonment.
 36        (h)  After  completion of the proceedings and consideration of all related
 37        information, the commissioners shall decide whether  the  abandonment  and
 38        vacation  of  the highway or public right-of-way is in the public interest
 39        of the highway jurisdiction affected by the abandonment or  vacation.  The
 40        decision whether or not to abandon and vacate the highway or public right-
 41        of-way  shall  be  written  and shall be supported by findings of fact and
 42        conclusions of law.
 43        (i)  If the commissioners determine that a highway or public  right-of-way
 44        parcel  to  be  abandoned and vacated in accordance with the provisions of
 45        this section has a  fair  market  value  of  twenty-five  hundred  dollars
 46        ($2,500)  or  more, a charge may be imposed upon the acquiring entity, not
 47        in excess of the fair market value of the parcel, as a  condition  of  the
 48        abandonment  and  vacation;  provided,  however,  no  such charge shall be
 49        imposed on the landowner who originally dedicated such parcel to the  pub-
 50        lic  for  use  as  a highway or public right-of-way; and provided further,
 51        that if the highway or public right-of-way was originally a  federal  land
 52        right-of-way,  said  highway or public right-of-way shall revert to a fed-
 53        eral land right-of-way.
 54        (j)  The commissioners shall cause any order or resolution to be  recorded
 55        in  the  county  records  and the official map of the highway system to be
                                                                        
                                           4
                                                                        
  1        amended as affected by the abandonment and vacation.
  2        (k)  From any such decision, a resident  or  property  holder  within  the
  3        county  or highway district system, including the state of Idaho or any of
  4        its subdivisions or any agency of the federal government,  may  appeal  to
  5        the  district court of the county in which the highway or public right-of-
  6        way is located pursuant to section 40-208, Idaho Code.
  7        (2)  No highway or public right-of-way or parts thereof shall be abandoned
  8    and vacated so as to leave any real property adjoining the highway  or  public
  9    right-of-way without access to an established highway or public right-of-way.
 10        (3)  In  the event of abandonment and vacation, rights-of-way or easements
 11    may be reserved for the continued use of existing sewer, gas, water, or  simi-
 12    lar pipelines and appurtenances, or other underground facilities as defined in
 13    section  55-2202, Idaho Code, for ditches or canals and appurtenances, and for
 14    electric, telephone and similar lines and appurtenances.
 15        (4)  A highway abandoned and vacated under the provisions of this  section
 16    may be reclassified as a public right-of-way.
 17        (5)  Until  abandonment  is authorized by the commissioners, public use of
 18    the highway or public  right-of-way  may  not  be  restricted  or  impeded  by
 19    encroachment  or installation of any obstruction 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        (6)  When a county or highway district desires the abandonment or vacation
 24    of any highway, public street or public right-of-way  which  was  accepted  as
 25    part  of  a  platted  subdivision said abandonment or vacation shall be accom-
 26    plished pursuant to the provisions of chapter 13, title 50, Idaho Code.
                                                                        
 27        SECTION 3.  That Section 40-203A, Idaho Code, be, and the same  is  hereby
 28    amended to read as follows:
                                                                        
 29        40-203A.  VALIDATION  OF COUNTY OR HIGHWAY DISTRICT SYSTEM HIGHWAY OR PUB-
 30    LIC RIGHT-OF-WAY. (1) Any resident or property holder within a county or high-
 31    way district system, including the state of Idaho or any of its  subdivisions,
 32    or  any  agency of the federal government, may petition the board of county or
 33    highway district commissioners, whichever shall have jurisdiction of the high-
 34    way system, to initiate public proceedings to validate  a  highway  or  public
 35    right-of-way, including those which furnish public access to state and federal
 36    public  lands  and waters, provided that the petitioner shall pay a reasonable
 37    fee as determined by the commissioners to cover the cost of  the  proceedings,
 38    or  the commissioners may initiate validation proceedings on their own resolu-
 39    tion, if any of the following conditions exist:
 40        (a)  If, through omission or defect, doubt exists as to the  legal  estab-
 41        lishment or evidence of establishment of a highway or public right-of-way;
 42        (b)  If the location of the highway or public right-of-way cannot be accu-
 43        rately  determined  due  to  numerous alterations of the highway or public
 44        right-of-way, a defective survey of the highway,  public  right-of-way  or
 45        adjacent  property,  or  loss or destruction of the original survey of the
 46        highways or public rights-of-way; or
 47        (c)  If the highway or public right-of-way as traveled and used  does  not
 48        generally  conform  to  the  location  of a highway or public right-of-way
 49        described on the official highway system map or in the public records.
 50        (2)  If proceedings for validation of a highway or public right-of-way are
 51    initiated, the commissioners shall follow the procedure set forth  in  section
 52    40-203, Idaho Code, and shall:
 53        (a)  If the commissioners determine it is necessary, cCause the highway or
                                                                        
                                           5
                                                                        
  1        public right-of-way to be surveyed;
  2        (b)  Cause  a  report  to  be prepared, including the consideration of any
  3        survey and any other information required by the board commissioners;
  4        (c)  Establish a hearing date on the proceedings for validation;
  5        (d)  Cause notice of the proceedings to be provided in the same manner  as
  6        for abandonment and vacation proceedings; and
  7        (e)  At  the  hearing,  the  commissioners  shall consider all information
  8        relating to the proceedings and shall accept testimony from persons having
  9        an interest in the proposed validation.
 10        (3)  Upon completion of the proceedings, the commissioners shall determine
 11    whether validation of the highway or public  right-of-way  is  in  the  public
 12    interest  and  shall enter an order validating the highway or public right-of-
 13    way as public or declaring it not to be public.
 14        (4)  From any such decision, any resident  or  property  holder  within  a
 15    county  or highway district system, including the state of Idaho or any of its
 16    subdivisions, or any agency of the federal government, may appeal to the  dis-
 17    trict  court  of  the  county  in  which the highway or public right-of-way is
 18    located pursuant to section 40-208, Idaho Code.
 19        (5)  When a board of commissioners validates a highway or public right-of-
 20    way, it shall cause the order validating the highway or  public  right-of-way,
 21    and  if  surveyed,  cause  the survey to be recorded in the county records and
 22    shall amend the official highway system map of the respective county or  high-
 23    way district system.
 24        (6)  The commissioners shall proceed to determine and provide just compen-
 25    sation for the removal of any structure that, prior to creation of the highway
 26    or  public right-of-way, encroached upon a highway or public right-of-way that
 27    is the subject of a validation proceeding, or if such is  not  practical,  the
 28    commissioners may acquire property to alter the highway or public right-of-way
 29    being validated.
 30        (7)  This  section does not apply to the validation of any highway, public
 31    street or public right-of-way which is to be accepted as  part  of  a  platted
 32    subdivision pursuant to chapter 13, title 50, Idaho Code.
                                                                        
 33        SECTION  4.  That  Section 40-204A, Idaho Code, be, and the same is hereby
 34    amended to read as follows:
                                                                        
 35        40-204A.  FEDERAL LAND RIGHTS-OF-WAY. (1) The state  recognizes  that  the
 36    act of construction and first use constitute the acceptance of the grant given
 37    to  the public for federal land rights-of-way, and that once acceptance of the
 38    grant has been established, the grant shall be for the perpetual term  granted
 39    by the congress of the United States.
 40        (2)  The  only  method for the abandonment of these rights-of-way shall be
 41    that of eminent domain proceedings in which the taking of the  public's  right
 42    to  access  shall  be justly compensated. Neither the mere passage of time nor
 43    the frequency of use shall be considered a justification for considering these
 44    rights-of-way to have been abandoned.
 45        (3)  All of the said rights-of-way shall be shown by some form of documen-
 46    tation to have existed prior to the withdrawal of the federal grant in 1976 or
 47    to predate the removal of land through which  they  transit  from  the  public
 48    domain  for other public purposes. Documentation shall may take the form of at
 49    least a map, and an affidavit. S, surveys, books and or other historic  infor-
 50    mation. may also be included.
 51        (4)  These  rights-of-way shall not require maintenance for the passage of
 52    vehicular traffic, nor shall any liability be incurred for  injury  or  damage
 53    through  a  failure  to  maintain  the access or to maintain any highway sign.
                                                                        
                                           6
                                                                        
  1    These rights-of-way shall be traveled at the risk of the user and may be main-
  2    tained by the public through usage by the public.
  3        (5)  Any member of the public, the state of Idaho and any of its political
  4    subdivisions, and any agency of the federal government may choose to seek val-
  5    idation of its rights under law to use granted rights-of-way either through  a
  6    process  set  forth  by the state of Idaho, through processes set forth by any
  7    federal agency or by proclamation of user rights granted under the  provisions
  8    of the original act, Revised Statute 2477.
  9        These  rights  of  way shall not be required to possess centerline surveys
 10    typical of publicly maintained roads, but shall be  surveyed  prior  to  being
 11    accepted  into  the maintained public highway system Persons seeking to have a
 12    federal land right-of-way, including those  which  furnish  public  access  to
 13    state  and  federal  public lands and waters, validated as a highway or public
 14    right-of-way as part of a county or highway  official  highway  system,  shall
 15    follow the procedure outlined in section 40-203A, Idaho Code.
 16        Neither  the  granting  of  the original right-of-way nor any provision in
 17    this or any other state act shall be construed as a relinquishment  of  either
 18    federal  ownership  or  management  of the surface estate of the property over
 19    which the right-of-way passes.
 20        (6)  Persons seeking acknowledgement of federal land  rights-of-way  shall
 21    file with the county recorder the request for acknowledgement and for any sup-
 22    porting documentation. The county recorder shall place the record acknowledge-
 23    ments,  on the official county road system map including supporting documenta-
 24    tion, and maintain an appropriate index of same.
                                                                        
 25        SECTION 5.  An emergency existing  therefor,  which  emergency  is  hereby
 26    declared to exist, this act shall be in full force and effect on and after its
 27    passage and approval.

Amendment


 AS1407
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                                     Moved by    Whitworth           
                                                                        
                                                     Seconded by Boatright           
                                                                        
                                                                        
                                       IN THE SENATE
                             SENATE AMENDMENT TO S.B. NO. 1407
                                                                        
                                                                        
  1                               AMENDMENTS TO SECTION 1
  2        On page 2 of the printed bill, in line 27,   delete  "2000"   and  insert:
  3    "20005"; and following line 32, insert:
  4        "(7)  Nothing  in  this section or in any designation of the general loca-
  5    tion of a highway or public right-of-way shall authorize  the  public  highway
  6    agency  to  assert or claim rights superior to or in conflict with any rights-
  7    of-way that resulted from the creation of a facility for the  transmission  of
  8    water  which  existed  before  the designation of the location of a highway or
  9    public right-of-way.".
                                                                        
 10                                 CORRECTION TO TITLE
 11        On page 1, in line 5, delete the second "AND" and insert: ","; and in line
 12    6, following "MAP" insert: ", TO EXTEND THE DATE BY WHICH BOARDS OF COUNTY  OR
 13    HIGHWAY  DISTRICT  COMMISSIONERS  SHALL  HAVE  PUBLISHED  IN MAP FORM AND MADE
 14    READILY AVAILABLE THE LOCATION OF ALL PUBLIC RIGHTS-OF-WAY UNDER THEIR  JURIS-
 15    DICTIONS,  AND  TO  PROVIDE  LIMITATIONS  ON THE AUTHORITY OF A PUBLIC HIGHWAY
 16    AGENCY TO ASSERT OR CLAIM RIGHTS SUPERIOR TO OR IN CONFLICT WITH RIGHTS-OF-WAY
 17    THAT RESULTED FROM THE CREATION OF CERTAIN FACILITIES FOR THE TRANSMISSION  OF
 18    WATER".

Statement of Purpose / Fiscal Impact


                STATEMENT OF PURPOSE 
                       RS09906 
                           
          The purpose of this legislation is to implement recommendations to the Report to the
     Senate Transportation Committee and the House Transportation and Defense Committee,
     submitted by the Local Highway Technical Assistance Council in response to Senate concurrent
     Resolution - 136, passed in 1998. 
          Clarification of the statutory requirements of 40-202 (1) related to mapping accuracy and
     liability of a county or highway district "official highway system map." All references to location
     are changed to "general location" the intent of the maps is to illustrate where the public can
     travel-not as an indication of property boundaries. Also eliminates the provision that liability for
     maintaining a highway is determined by showing a highway on the official highway system map. 
          Clarifies the status of Federal land right of way used as a highway or public
     rights-of-way and under the jurisdiction of a county and highway district. If the highway or public
     rights-of-way is abandoned according to 40-203, that abandonment would not destroy the legal
     status of the Federal land right of way. 
          Clarifies the statutory requirements of 40-203A (I)c related to mapping accuracy and-
     liability, all references to location are to general location." With this modification, the lack of
     absolute geographical accuracy of a highway or public rights-of-way on the official highway
     system map would not trigger an expensive survey according to 40-203A (c). However, highway
     district or county commissioners are directed to consider a survey. 
          Simplifies the acknowledgement of federal land rights-of-way, and clarifies the method
     of incorporating federal land rights-of-way into highway district or county highway systems.
     Amendment of 40-204A directs anyone seeking have a Federal land rights of way declared a
     highway or public rights-of-way to use the validation process outlined in 40-203A. Therefore, this
     amendment strikes from 40-204A that Federal land rights of way "shall not be required to possess
     centerline surveys typical of publicly maintained roads, but shall be surveyed prior to being
     accepted into the maintained public highway system." Removes reference to placement of
     acknowledgement on the "official county map" this provision inadvertently allows county clerks
     to add a road to a highway district system without a public hearing; and identifies that an "index"
     would be the recording and identification method of Federal land rights of way
     acknowledgements. Additionally, this amendment properly adds hyphens to denote the
     rights-of-way refers to property and not a traffic rule. 
     
                     FISCAL NOTE
     No impact to the General Fund.
     
               CONTACT:  Byron Keely, Local Highway Technical Assistance Council
     344-0565 or 1-800-259-6841
     
                                                  STATEMENT OF PURPOSE/FISCAL NOTE             S140