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
|||| 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 the19 respective highway system or isnot 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 highwayand 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, 200 05, 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, c Cause the highway or 5 1 public right-of-way to be surveyed; 2 (b) Cause a report to be prepared, including theconsideration of any 3 survey and any other information required by the boardcommissioners; 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 shallmay take the form of at49 leasta map, andan affidavit . S, surveys, books andor 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 surveys10 typical of publicly maintained roads, but shall be surveyed prior to being11 accepted into the maintained public highway systemPersons 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 therecord acknowledge- 23 ments, on the official county road system mapincluding 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.
|||| 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 "200 05"; 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 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