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S1434.....................................................by TRANSPORTATION RIGHTS-OF-WAY - FEDERAL LANDS - Amends existing law to provide a statement of public policy; to reaffirm statutory road widths; to provide that acceptance of a grant may be shown by reasonable public use within a reasonable time given the facts; to provide for vacating or other loss or substantial discontinuance; to provide a Revised Statute right-of-way may be a travel corridor; to provide that no liability shall be incurred for environmental degradation; to provide evidence requirements for proof of existence of certain routes; to provide application to the real property law in Idaho; to provide that unauthorized road closings or unauthorized closure of public highways are against the public interest and public policy; to authorize a private individual to commence legal actions; to increase the amount that may be recovered; and to provide additional penalties. 02/16 Senate intro - 1st rdg - to printing 02/17 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1434 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO ROADS; TO PROVIDE LEGISLATIVE INTENT; AMENDING SECTION 40-203, 3 IDAHO CODE, TO PROVIDE EXCLUSIVE USE REGARDLESS OF WHEN THE ABANDONMENT 4 OCCURRED AND TO CLARIFY WHEN A COURT MAY DECLARE A ROAD ABANDONED; REPEAL- 5 ING SECTION 40-204A, IDAHO CODE; AMENDING CHAPTER 2, TITLE 40, IDAHO CODE, 6 BY THE ADDITION OF A NEW SECTION 40-204A, IDAHO CODE, TO PROVIDE A STATE- 7 MENT OF PUBLIC POLICY THAT THE PUBLIC LANDS REMAIN OPEN TO THE PUBLIC, TO 8 PROVIDE LEGISLATIVE INTENT, TO PROVIDE THAT THIS SECTION BE CONSTRUED IN 9 ITS MOST EXPANSIVE SENSE, TO PROVIDE THAT FEDERAL LANDS RIGHTS-OF-WAY BE 10 CONSTRUED IN THE MOST FAVORABLE SENSE FOR THE PUBLIC OR ITS REPRESENTA- 11 TIVES, TO REAFFIRM COUNCIL BILL NO. 7 OF THE FIRST IDAHO TERRITORIAL LEG- 12 ISLATURE IN 1864, TO REAFFIRM STATUTORY ROAD WIDTHS OF THE 1881 IDAHO TER- 13 RITORIAL LEGISLATURE, AND THAT THE WIDTHS ARE A MINIMUM NOT A MAXIMUM, TO 14 PROVIDE THAT THE RIGHT-OF-WAY WIDTHS BE AS REASONABLY NEEDED FOR USE OF 15 THE ROUTE UNLESS CLEARLY AND POSITIVELY SHOWN TO BE OTHERWISE, TO PROVIDE 16 THAT THE ROUTES UNDER COUNCIL BILL NO. 7 AND REVISED STATUTE 2477 ARE PART 17 OF PREHISTORIC AND HISTORIC TRAVEL CORRIDORS OR LINES OF COMMUNICATION 18 SINCE MANKIND'S FIRST USE OF THE LAND IN WHAT IS NOW IDAHO, TO PROVIDE 19 THAT COUNCIL BILL NO. 7 AND REVISED STATUTE 2477 ARE TO BE CONSTRUED 20 TOGETHER AND IN THE EXPANSIVE SENSE, TO PROVIDE CONSTRUCTION, TO PROVIDE 21 PROSCRIPTION, TO PROVIDE THE ACCEPTANCE OF THE GRANT MAY BE SHOWN BY REA- 22 SONABLE PUBLIC USE WITHIN A REASONABLE TIME GIVEN THE PARTICULAR FACTS, TO 23 PROVIDE THAT NO MANDATORY TIME SPAN APPLIES TO THE ACCEPTANCE, ONLY SUFFI- 24 CIENT PUBLIC USE TO SHOW AN ACCEPTANCE, TO PROVIDE THAT VACATING OR ANY 25 RESTRICTION, DISCONTINUANCE, OR ANY OTHER LOSS OF PUBLIC USE SHALL ONLY BE 26 BY EMINENT DOMAIN, TO PROVIDE THAT THE DETERMINATION OF THE EXTENT OF TAK- 27 ING OF ANY PROPERTY, TANGIBLE OR INTANGIBLE, SHALL BE BY THE COUNTY COM- 28 MISSIONERS, TO PROVIDE THAT ANY TAKING PROCEEDING INCLUDE DAMAGES TO THE 29 COUNTY'S ECONOMIC WELL-BEING AND/OR THE EFFECT ON ITS GROSS DOMESTIC PROD- 30 UCT, WHETHER THE TAKING IS PARTIAL OR TOTAL AND SHALL BE CONSIDERED PART 31 OF ANY RENT DUE THE COUNTY, TO PROVIDE THAT THE FACTUAL DETERMINATION OF 32 THE EXTENT OF DAMAGES AND/OR INJURIES BE THE FINAL, EXCLUSIVE AND BINDING 33 FACTUAL DETERMINATION IN ANY OTHER PROCEEDING WHETHER IN FACTS, ADMINIS- 34 TRATIVE LAW, EQUITY, OR OTHERWISE, TO PROVIDE THAT THE COUNTY COMMISSION- 35 ERS SHALL MAKE WRITTEN FINDINGS OF FACT AS A MATTER OF LOCAL LAWS AND AS 36 PART OF SUBSTANTIVE REAL PROPERTY LAW, TO AUTHORIZE OTHER DOCUMENTATION, 37 TO PROVIDE THAT A RIGHT-OF-WAY MAY BE A TRAVEL CORRIDOR, OR LINE OF COMMU- 38 NICATION AND MAY BE SEVERAL MILES WIDE DEPENDING ON PREHISTORIC OR HIS- 39 TORIC USES, TO PROVIDE THAT ANY RENT, OR INTEREST ON UNPAID RENT, OWED TO 40 THE PUBLIC SHALL ACCRUE FROM THE FIRST DATE OF REMOVAL, RESERVATION, OR 41 RESTRICTION ON USE FROM 1891 AND TO ACCRUE UNTIL FINAL JUDGMENT IS 42 ENTERED, TO PROVIDE THAT NO LIABILITY SHALL BE INCURRED FOR PHYSICAL DEG- 43 RADATION OR DAMAGE, TANGIBLE OR INTANGIBLE, THROUGH THE MERE EXISTENCE OF 44 THE RIGHT-OF-WAY, ROUTE, OR ACCESS, TO PROVIDE FOR VALIDATION OF RIGHTS, 45 TO PROVIDE FOR A HIGHER STANDARD OF EVIDENCE TO DISPROVE THESE ROUTES, TO 46 PROVIDE THAT THE RIGHTS-OF-WAY SHALL NOT BE REQUIRED TO POSSESS CENTERLINE 2 1 SURVEYS, AND TO PROVIDE THAT THIS IS A MATTER OF SUBSTANTIVE AND LOCAL LAW 2 ALONG WITH THAT THESE RIGHTS-OF-WAY, ROUTES, TRAVEL CORRIDORS, LINES OF 3 COMMUNICATION, OR OTHERWISE ARE INHOLDINGS ON FEDERAL LANDS AND OWNED BY 4 THE COUNTIES OF IDAHO OR OTHER POLITICAL SUBDIVISIONS OR THE STATE OF 5 IDAHO, AS THE SITUATION MAY REQUIRE, ON BEHALF OF THE PUBLIC, TO PROVIDE 6 FOR FILING OF RECORD ACKNOWLEDGEMENTS AND AN INDEX, TO PROVIDE THAT THE 7 PROVISIONS OF THIS ACT ARE PART OF THE SUBSTANTIVE REAL PROPERTY LAWS AND 8 LOCAL LAWS OF THE STATE OF IDAHO; AMENDING SECTION 40-2319, IDAHO CODE, TO 9 PROVIDE THAT UNAUTHORIZED ROAD CLOSINGS OR UNAUTHORIZED CLOSURE OF PUBLIC 10 HIGHWAYS ARE AGAINST THE PUBLIC INTEREST AND PUBLIC POLICY OF IDAHO, TO 11 INCREASE THE AMOUNT THAT SHALL BE FORFEITED, TO AUTHORIZE A PRIVATE INDI- 12 VIDUAL TO COMMENCE LEGAL ACTIONS, TO INCREASE THE AMOUNT THAT MAY BE 13 RECOVERED, TO PROVIDE FOR SERVICE BY THE SHERIFF, TO PROVIDE ADDITIONAL 14 PENALTIES IF A PRIVATE INDIVIDUAL INSTITUTES THE ACTION AND TO MAKE TECH- 15 NICAL CORRECTIONS; AND TO PROVIDE SEVERABILITY. 16 Be It Enacted by the Legislature of the State of Idaho: 17 SECTION 1. LEGISLATIVE INTENT. The state of Idaho recognizes that exist- 18 ing federal land rights-of-way are extremely important to all of Idaho's citi- 19 zens. Two-thirds of Idaho's land is under control of the federal government 20 and access to such federal land is integral to public use. The Legislature of 21 the State of Idaho recognizes the necessity for establishing a procedure for 22 identifying and confirming the existence of previously established federal 23 rights-of-way to protect those rights previously granted to, and vested in, 24 the citizens of Idaho. 25 SECTION 2. That Section 40-203, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 40-203. ABANDONMENT AND VACATION OF COUNTY AND HIGHWAY DISTRICT SYSTEM 28 HIGHWAYS OR PUBLIC RIGHTS-OF-WAY. (1) A board of county or highway district 29 commissioners, whichever shall have jurisdiction of the highway system, shall 30 use the following procedure exclusively, in all cases, regardless of when an 31 abandonment allegedly may have occurred, to abandon and vacate any highway or 32 public right-of-way in the county or highway district system including those 33 which furnish public access to state and federal public lands and waters :. No 34 court has authority to declare any road abandoned, regardless of when the 35 abandonment may have allegedly occurred, except on a proper appeal of a deter- 36 mination of abandonment and vacation pursuant to this section. 37 (a) The commissioners may by resolution declare its intention to abandon 38 and vacate any highway or public right-of-way considered no longer to be 39 in the public interest. 40 (b) Any resident, or property holder, within a county or highway district 41 system including the state of Idaho, any of its subdivisions, or any 42 agency of the federal government may petition the respective commissioners 43 for abandonment and vacation of any highway or public right-of-way within 44 their highway system. The petitioner shall pay a reasonable fee as deter- 45 mined by the commissioners to cover the cost of the proceedings. 46 (c) The commissioners shall establish a hearing date or dates on the pro- 47 posed abandonment and vacation. 48 (d) The commissioners shall prepare a public notice stating their inten- 49 tion to hold a public hearing to consider the proposed abandonment and 50 vacation of a highway or public right-of-way which shall be made available 51 to the public not later than thirty (30) days prior to any hearing and 3 1 mailed to any person requesting a copy not more than three (3) working 2 days after any such request. 3 (e) At least thirty (30) days prior to any hearing scheduled by the com- 4 missioner to consider abandonment and vacation of any highway or public 5 right-of-way, the commissioners shall mail notice by United States mail to 6 owners and operators of an underground facility, as defined in section 7 55-2202, Idaho Code, that lies within the highway or public right-of-way. 8 (f) At least thirty (30) days prior to any hearing scheduled by the com- 9 missioners to consider abandonment and vacation of any highway or public 10 right-of-way, the commissioners shall mail notice to owners of land abut- 11 ting the portion of the highway or public right-of-way proposed to be 12 abandoned and vacated at their addresses as shown on the county assessor's 13 tax rolls and shall publish notice of the hearing at least two (2) times 14 if in a weekly newspaper or three (3) times if in a daily newspaper, the 15 last notice to be published at least five (5) days and not more than 16 twenty-one (21) days before the hearing. 17 (g) At the hearing, the commissioners shall accept all information relat- 18 ing to the proceedings. Any person, including the state of Idaho or any 19 of its subdivisions, or any agency of the federal government, may appear 20 and give testimony for or against abandonment. 21 (h) After completion of the proceedings and consideration of all related 22 information, the commissioners shall decide whether the abandonment and 23 vacation of the highway or public right-of-way is in the public interest. 24 The decision whether or not to abandon and vacate the highway or public 25 right-of-way shall be written and shall be supported by findings of fact 26 and conclusions of law. 27 (i) If the commissioners determine that a highway or public right-of-way 28 parcel to be abandoned and vacated in accordance with the provisions of 29 this section has a fair market value of twenty-five hundred dollars 30 ($2,500) or more, a charge may be imposed upon the acquiring entity, not 31 in excess of the fair market value of the parcel, as a condition of the 32 abandonment and vacation; provided, however, no such charge shall be 33 imposed on the landowner who originally dedicated such parcel to the pub- 34 lic for use as a highway or public right-of-way. 35 (j) The commissioners shall cause any order or resolution to be recorded 36 in the county records and the official map of the highway system to be 37 amended as affected by the abandonment and vacation. 38 (k) From any such decision, a resident or property holder within the 39 county or highway district system, including the state of Idaho or any of 40 its subdivisions or any agency of the federal government, may appeal to 41 the district court of the county in which the highway or public right-of- 42 way is located pursuant to section 40-208, Idaho Code. 43 (2) No highway or public right-of-way or parts thereof shall be abandoned 44 and vacated so as to leave any real property adjoining the highway or public 45 right-of-way without access to an established highway or public right-of-way. 46 (3) In the event of abandonment and vacation, rights-of-way or easements 47 may be reserved for the continued use of existing sewer, gas, water, or simi- 48 lar pipelines and appurtenances, or other underground facilities as defined in 49 section 55-2202, Idaho Code, for ditches or canals and appurtenances, and for 50 electric, telephone and similar lines and appurtenances. 51 (4) A highway abandoned and vacated under the provisions of this section 52 may be reclassified as a public right-of-way. 53 (5) Until abandonment is authorized by the commissioners, public use of 54 the highway or public right-of-way may not be restricted or impeded by 55 encroachment or installation of any obstruction restricting public use, or by 4 1 the installation of signs or notices that might tend to restrict or prohibit 2 public use. Any person violating the provisions of this subsection shall be 3 guilty of a misdemeanor. 4 (6) When a county or highway district desires the abandonment or vacation 5 of any highway, public street or public right-of-way which was accepted as 6 part of a platted subdivision said abandonment or vacation shall be accom- 7 plished pursuant to the provisions of chapter 13, title 50, Idaho Code. 8 SECTION 3. That Section 40-204A, Idaho Code, be, and the same is hereby 9 repealed. 10 SECTION 4. That Chapter 2, Title 40, Idaho Code, be, and the same is 11 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 12 ignated as Section 40-204A, Idaho Code, and to read as follows: 13 40-204A. FEDERAL LAND RIGHTS-OF-WAY. (1) The legislature states that pub- 14 lic policy of the state of Idaho is and long has been that the public lands 15 shall remain open to the public. No change in law is intended. This legisla- 16 tion is intended solely to codify, confirm and clarify longstanding legal pre- 17 cedent and state legislative purpose. 18 (2) That this section be construed in its most expansive sense. 19 (3) That the existence of the federal lands rights-of-way be construed in 20 the most favorable sense for the public or its representatives. 21 (4) The legislature reaffirms council bill no. 7 by the first Idaho ter- 22 ritorial legislature, enacted January 30, 1864, that declared all roads and 23 trails in existence before January 30, 1862, as public highways. The legisla- 24 ture further reaffirms the 1881 Idaho territorial legislature's statutory road 25 widths of sixty (60) feet except in then Idaho County where it declared eighty 26 (80) feet wide rights-of-way, which now apply to parts of Idaho, Valley, Cus- 27 ter, Lemhi and other counties; and that the right-of-way widths are a minimum, 28 not a maximum. That the right-of-way widths for these routes shall be as rea- 29 sonably needed for use of the route, unless clearly and positively shown to be 30 otherwise. Additionally, the routes under council bill no. 7 and Revised Stat- 31 ute 2477 are part of prehistoric and historic travel corridors, or lines of 32 communication, that have been in existence since mankind's first use of the 33 land in what is now the state of Idaho. Council bill no. 7 and Revised Statute 34 2477 are to be construed together and in the expansive sense. 35 (5) The state recognizes that the following principles of Idaho law have 36 existed at all times since the enactment of Revised Statute 2477 in 1866: 37 (a) That the act of construction and first use constitute the acceptance 38 of the grant given to the public for federal lands rights-of-way, and that 39 once acceptance of the grant has been established, the grant shall be for 40 the perpetual term granted by the congress of the United States; 41 (b) That the acceptance of the grant may be shown by construction and 42 public use within a reasonable time given the particular facts; and that 43 no mandatory time span applies, rather only sufficient construction and 44 use to show an acceptance; 45 (c) That construction and use for the purposes of accepting the grant of 46 a federal land right-of-way has, at all relevant times under applicable 47 Idaho law, meant any physical act resulting in the establishment of a 48 road, trail or route, including: 49 (i) Clearing obstacles so as to facilitate passage; or 50 (ii) The establishment of a road, trail or route by the passage of 51 vehicles, people, domestic animals or livestock over time; and 52 (d) That although the establishment of public roads by prescription has 5 1 by statute, since 1893 required that the road in question be used for five 2 (5) years by the public and maintained at public expense, an alternative 3 form of acceptance of the grant of a federal land right-of-way has always 4 been possible by common law dedication, including an accomplished dedica- 5 tion and acceptance by the mere construction and first use of a road, 6 trail or route over the unreserved public domain by the public. 7 (6) The only method for abandonment, vacating, or any restriction, dis- 8 continuance, or any other loss of the public use of these rights-of-way shall 9 be that of eminent domain proceedings in which the taking of the public's 10 right to access shall be justly compensated. Neither the mere passage of time 11 nor the frequency of use shall be considered a justification for considering 12 these rights-of-way to have been abandoned, vacated, discontinued or use lost. 13 (7) Any determination of the extent of taking of property, tangible or 14 intangible, shall be by the county commissioners at a hearing where the right- 15 of-way, route, travel corridor or line of communication lines that have been 16 taken. Any taking proceeding shall include as part of the damages or injuries 17 both tangible and intangible property ownership and the damages to the 18 county's economic well-being, and/or the effect on its gross domestic product 19 from the taking, whether the taking is partial or total, and shall be consid- 20 ered part of any rent, past, present or future. 21 The factual determination of the extent of damages and/or injuries by the 22 county commissioners shall be final, exclusive, and binding factual determina- 23 tion in any other proceeding, whether in facts, administrative, law, equity, 24 or otherwise. 25 The county commissioners shall make the decision that includes written 26 findings of fact as a matter of local laws and as part of the substantive real 27 property law of Idaho. 28 (8) All of the said rights-of-way shall be shown by some form of documen- 29 tation to have existed prior to the withdrawal of the federal grant in 1976, 30 or to predate the removal of the land through which they transit from the pub- 31 lic domain for other public purposes. Documentation may take the form of at 32 least a map, and an affidavit or other documentation that may include aerial 33 photographs, ground penetrating radar, side looking radar, infrared photogra- 34 phy, satellite imagery or any other reasonable proof of the existence of the 35 rights-of-way. Any documentation or map does not have to be dated prior to any 36 removal or reservation. Surveys, books, and other historical information may 37 also be included. 38 (9) A right-of-way, herein, may be a travel corridor, or line of communi- 39 cation, and may be several miles wide, depending on prehistoric or historic 40 uses. An alteration or relocation of the path of the road, or detour around an 41 obstacle, whether temporary or permanent, shall not constitute abandonment or 42 vacation of the right-of-way so long as the right-of-way continues to serve 43 the same general corridor. 44 (10) Any rent, or any interest on unpaid rent, determined owed to the pub- 45 lic shall accrue from the first date of removal, reservation, or any restric- 46 tion on use, from and after 1891, and any limitation of action on the same 47 shall be construed so as to allow any claim from 1891 to the date of the com- 48 mencement of the action, and said rent and interest to continue to accrue 49 until final judgment is entered. 50 (11) These rights-of-way shall not require maintenance for the passage of 51 vehicular traffic, nor shall any liability be incurred for physical degrada- 52 tion or damage, tangible or intangible injury or damage, through the mere 53 existence of the right-of-way, route, or access or to maintain any highway 54 sign. These rights-of-way shall be traveled at the risk of the user and may be 55 maintained by the public through usage by the public. 6 1 (12) Any member of the public, the state of Idaho and any of its political 2 subdivisions, and any agency of the federal government may choose to seek val- 3 idation of its rights under law to use granted rights-of-way either through a 4 process set forth by the state of Idaho, through processes set forth by any 5 federal agency or by proclamation of user rights granted under the provisions 6 of the original act, Revised Statute 2477. 7 (13) Proof of the existence of these routes shall be by a simple prepon- 8 derance of the evidence standard, to wit: a featherweight. Disproof, or rebut- 9 tal, of the existence of these rights-of-way, routes, travel corridors, or 10 lines of communication shall require proof beyond the clear and positive evi- 11 dence standard, and that this is a matter of substantive real property law and 12 local laws of the state of Idaho. 13 (14) These rights-of-way shall not be required to possess centerline sur- 14 veys typical of publicly maintained roads, but shall be surveyed prior to 15 being accepted into the maintained public highway system. 16 (15) Neither the granting of the original right-of-way nor any provision 17 in this or any other state act shall be construed as a relinquishment of 18 either federal ownership or management of the surface estate of the property 19 over which the right-of-way passes. However, under the substantive real prop- 20 erty and local laws of the state of Idaho, these rights-of-way, routes, travel 21 corridors, or lines of communication, or otherwise, shall be considered 22 inholdings on the federal lands, said inholdings are owned by the counties of 23 Idaho or other political subdivisions, or the state of Idaho, as the situation 24 may require, on behalf of the public. 25 (16) Persons seeking acknowledgement of federal lands rights-of-way shall 26 file with the county recorder the request for acknowledgement or assertion and 27 supporting documentation. The county recorder shall record acknowledgements or 28 assertions, including documentation, and maintain an appropriate index of the 29 same. 30 (17) The provisions of this act are part of the substantive real property 31 laws and local laws of the state of Idaho. 32 SECTION 5. That Section 40-2319, Idaho Code, be, and the same is hereby 33 amended to read as follows: 34 40-2319. ENCROACHMENTS -- REMOVAL -- NOTICE -- PENALTY FOR FAILURE TO 35 REMOVE -- REMOVAL BY DIRECTOR OF HIGHWAYS -- ABATEMENT. (1) If any highway 36 laid out or erected is encroached upon by fences, buildings, or otherwise, the 37 director of highways of the district may, orally or in writing, require the 38 encroachment to be removed from the highway. Unauthorized road closings or 39 unauthorized closure of public highways are against the public interest and 40 public policy of this state. 41 (2) Notice shall be given to the occupant or owner of the land, or person 42 causing or owning the encroachment, or left at his place of residence if he 43 resides in the county. If not, it shall be posted on the encroachment, speci- 44 fying the breadth of the highway, the place and extent of the encroachment, 45 and requiring him to remove the encroachment within ten (10) days. 46 (3) If the encroachment is not removed, or commenced to be removed, prior 47 to the expiration of ten (10) days from the service or posting of the notice, 48 the person who caused, owns or controls the encroachment shall forfeit one 49 hundred fifty dollars ($150 .00) for each day the encroachment continues 50 unmoved. If the encroachment is of a nature as to effectually obstruct and 51 prevent the use of the highway for vehicles, the director of highways shall 52 immediately remove the encroachment. 53 (4) If the encroachment is denied, and the owner, occupant, or person 7 1 controlling the encroachment, refuses either to remove it or to permit its 2 removal, the director of highways shall or a private individual may commence 3 in the proper court an action to abate the encroachment as a nuisance. If the 4 director of highways recovers judgment, he may, in addition to having the 5 encroachment abated, recover one hundred fifty dollars ($150 .00) for every day 6 the nuisance remained after notice, as well as costs of the legal action. If a 7 private individual commences the enforcement action, a service of notice can 8 be by the county sheriff based on the affidavit of the complainant or the 9 director of highways. In addition to the penalties provided in this section, 10 an additional civil penalty of up to fifty percent (50%) of the penalty 11 awarded shall be awarded to a successful complainant by the court. 12 (5) If the encroachment is not denied, but is not removed for five (5) 13 days after the notice is complete, the director of highways may remove it at 14 the expense of the owner, occupant, or person controlling the encroachment, 15 and recover his costs and expenses, as well as the sum of one hundred fifty 16 dollars ($150 .00) for each day the encroachment remained after notice was com- 17 plete. 18 SECTION 6. SEVERABILITY. The provisions of this act are hereby declared 19 to be severable and if any provision of this act or the application of such 20 provision to any person or circumstance is declared invalid for any reason, 21 such declaration shall not affect the validity of the remaining portions of 22 this act.
STATEMENT OF PURPOSE RS 09797C2 The purpose of this legislation is to provide citizens with a more reliable road system and to provide citizens with increased ability to protect federal land rights-of-way from seizure by government or individuals. FISCAL IMPACT Only a positive fiscal impact. Contact Name: Sen. Lin Whitworth Phone: (208)332-1351 STATEMENT OF PURPOSE/FISCAL NOTE S1434