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S1104aa...................................................by TRANSPORTATION
HIGHWAY DISTRICT COMMISSIONERS - Amends existing law to provide that
certain powers of highway district commissioners shall not be abrogated or
superceded.
02/09 Senate intro - 1st rdg - to printing
02/12 Rpt prt - to Transp
02/28 Rpt out - to 14th Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/12 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 33-0-2
AYES -- Andreason, Boatright, Branch(Bartlett), Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Richardson, Risch, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Noh, Sims
Floor Sponsor -- Ingram
Title apvd - to House
03/14 House intro - 1st rdg - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1104
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICT COMMISSIONERS; AMENDING SECTION 40-1310, IDAHO
3 CODE, TO PROVIDE THAT CERTAIN POWERS OF HIGHWAY DISTRICT COMMISSIONERS
4 SHALL NOT BE ABROGATED OR SUPERSEDED.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 40-1310, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The
9 commissioners of a highway district have exclusive general supervision and
10 jurisdiction over all highways and public rights-of-way within their highway
11 system, with full power to construct, maintain, repair, acquire, purchase and
12 improve all highways within their highway system, whether directly or by their
13 own agents and employees or by contract. The provisions of section 67-6518,
14 Idaho Code, do not abrogate or supersede these powers. Except as otherwise
15 provided in this chapter in respect to the highways within their highway sys-
16 tem, a highway district shall have all of the powers and duties that would by
17 law be vested in the commissioners of the county and in the district directors
18 of highways if the highway district had not been organized. Where any highway
19 within the limits of the highway district has been designated as a state high-
20 way, then the board shall have exclusive supervision, jurisdiction and control
21 over the designation, location, maintenance, repair and reconstruction of it.
22 The highway district shall have power to manage and conduct the business and
23 affairs of the district; establish and post speed and other regulatory signs;
24 make and execute all necessary contracts; have an office and employ and
25 appoint agents, attorneys, officers and employees as may be required, and pre-
26 scribe their duties and fix their compensation. Highway district commissioners
27 and their agents and employees have the right to enter upon any lands to make
28 a survey, and may locate the necessary works on the line of any highways on
29 any land which may be deemed best for the location.
30 (2) The highway district shall also have the right to acquire either by
31 purchase, or other legal means, all lands and other property necessary for the
32 construction, use, maintenance, repair and improvement of highways in their
33 system. The highway district may change the width or location, or straighten
34 lines of any highway in their system, and if in the constructing, laying out,
35 widening, changing, or straightening of any highways, it shall become neces-
36 sary to take private property, the district director of highways, with the
37 consent and on order of the highway district commissioners, shall cause a sur-
38 vey of the proposed highway to be made, together with an accurate description
39 of the lands required. He shall endeavor to agree with each owner of property
40 for the purchase of a right-of-way over the lands included within the descrip-
41 tion. If the director is able to agree with the owner of the lands, the high-
42 way district commissioners may purchase the land and pay for it out of the
43 funds of the highway district, and the lands purchased shall then be conveyed
2
1 to the highway district for the use and purpose of highways.
2 (3) Whenever the director of highways shall be unable to agree with any
3 person for the purchase of land, or that person shall be unknown or a nonresi-
4 dent of the county in which the highway district is situated, or a minor, or
5 an insane or incompetent person, the director shall have the right, subject to
6 the order of the highway district commissioners, to begin action in the name
7 of the highway district in the district court of the county in which the dis-
8 trict is situated, to condemn the land necessary for the right-of-way for the
9 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of
10 the highway district commissioners entered upon its minutes that the land
11 sought to be condemned is necessary for a public highway and public use shall
12 be prima facie evidence of the fact.
13 (4) The highway district has the power to contract for and pay out any
14 special rewards and bounties as may appear expedient or useful in securing
15 proper highway construction and maintenance, and to accept, on behalf of the
16 district, aid or contributions in the construction or maintenance of any high-
17 way; to construct or repair, with the consent of the corporate authorities of
18 any city within the district, any highway within a city, upon the division of
19 the cost as may be agreed upon; or to join with the state or any body politic
20 or political subdivision, or with any person in the construction or repair of
21 any highway and to contract for an equitable division of the cost; and all
22 counties, cities, highway districts and other bodies politic and political
23 subdivisions are authorized to contract with any highway district acting
24 through its highway district commissioners in exercise of the powers granted.
25 (5) The highway district has the power to receive highway petitions and
26 lay out, alter, create and abandon and vacate public highways and public
27 rights-of-way within their respective districts under the provisions of sec-
28 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public
29 highway, public street and/or public right-of-way is part of a platted subdi-
30 vision which lies within an established county/city impact area or within one
31 (1) mile of a city if a county/city impact area has not been established, con-
32 sent of the city council of the affected city, when the city has a functioning
33 street department with jurisdiction over the city streets, shall be necessary
34 prior to the granting of acceptance or vacation of said public street or pub-
35 lic right-of-way by the highway district board of commissioners.
36 (6) The highway district is empowered to take conveyance or other assur-
37 ances, in the name of the highway district, for all property acquired by it
38 under the provisions of this chapter for the purposes of this title. The high-
39 way district may institute and maintain any and all actions and proceedings,
40 suits at law and in equity, necessary or proper in order to carry out the pro-
41 visions of this chapter, or to enforce, maintain, protect or preserve any and
42 all rights, privileges and immunities provided in this chapter. In all courts,
43 actions, suits or proceedings, the highway district may sue, appear and
44 defend, in person or by attorneys, and in the name of the highway district.
45 (7) The highway district is empowered to hold, use, acquire, sell, man-
46 age, occupy and possess property. The highway district may create highway sub-
47 districts, which must be carefully and distinctly defined and described. High-
48 way subdistricts may be revised or modified by the highway district commis-
49 sioners, as changes in conditions demand.
50 (8) The highway district board of commissioners shall have the exclusive
51 general supervisory authority over all public highways, public streets and
52 public rights-of-way under their jurisdiction, with full power to establish
53 design standards, establish use standards, pass resolutions and establish reg-
54 ulations in accordance with the provisions of title 49, Idaho Code, and con-
55 trol access to said public highways, public streets and public rights-of-way.
3
1 (9) By July 1, 2000, and every five (5) years thereafter, the highway
2 district board of commissioners shall have published in map form and made
3 readily available the location of all public rights-of-way under its jurisdic-
4 tion. Any highway district board of commissioners may be granted an extension
5 of time with the approval of the legislature by adoption of a concurrent reso-
6 lution.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Ingram
Seconded by Frasure
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1104
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 14, following "powers" insert: "of
3 highway districts organized under this chapter".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1104, As Amended
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO HIGHWAY DISTRICT COMMISSIONERS; AMENDING SECTION 40-1310, IDAHO
3 CODE, TO PROVIDE THAT CERTAIN POWERS OF HIGHWAY DISTRICT COMMISSIONERS
4 SHALL NOT BE ABROGATED OR SUPERSEDED.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 40-1310, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 40-1310. POWERS AND DUTIES OF HIGHWAY DISTRICT COMMISSIONERS. (1) The
9 commissioners of a highway district have exclusive general supervision and
10 jurisdiction over all highways and public rights-of-way within their highway
11 system, with full power to construct, maintain, repair, acquire, purchase and
12 improve all highways within their highway system, whether directly or by their
13 own agents and employees or by contract. The provisions of section 67-6518,
14 Idaho Code, do not abrogate or supersede these powers of highway districts
15 organized under this chapter. Except as otherwise provided in this chapter in
16 respect to the highways within their highway system, a highway district shall
17 have all of the powers and duties that would by law be vested in the commis-
18 sioners of the county and in the district directors of highways if the highway
19 district had not been organized. Where any highway within the limits of the
20 highway district has been designated as a state highway, then the board shall
21 have exclusive supervision, jurisdiction and control over the designation,
22 location, maintenance, repair and reconstruction of it. The highway district
23 shall have power to manage and conduct the business and affairs of the dis-
24 trict; establish and post speed and other regulatory signs; make and execute
25 all necessary contracts; have an office and employ and appoint agents, attor-
26 neys, officers and employees as may be required, and prescribe their duties
27 and fix their compensation. Highway district commissioners and their agents
28 and employees have the right to enter upon any lands to make a survey, and may
29 locate the necessary works on the line of any highways on any land which may
30 be deemed best for the location.
31 (2) The highway district shall also have the right to acquire either by
32 purchase, or other legal means, all lands and other property necessary for the
33 construction, use, maintenance, repair and improvement of highways in their
34 system. The highway district may change the width or location, or straighten
35 lines of any highway in their system, and if in the constructing, laying out,
36 widening, changing, or straightening of any highways, it shall become neces-
37 sary to take private property, the district director of highways, with the
38 consent and on order of the highway district commissioners, shall cause a sur-
39 vey of the proposed highway to be made, together with an accurate description
40 of the lands required. He shall endeavor to agree with each owner of property
41 for the purchase of a right-of-way over the lands included within the descrip-
42 tion. If the director is able to agree with the owner of the lands, the high-
43 way district commissioners may purchase the land and pay for it out of the
2
1 funds of the highway district, and the lands purchased shall then be conveyed
2 to the highway district for the use and purpose of highways.
3 (3) Whenever the director of highways shall be unable to agree with any
4 person for the purchase of land, or that person shall be unknown or a nonresi-
5 dent of the county in which the highway district is situated, or a minor, or
6 an insane or incompetent person, the director shall have the right, subject to
7 the order of the highway district commissioners, to begin action in the name
8 of the highway district in the district court of the county in which the dis-
9 trict is situated, to condemn the land necessary for the right-of-way for the
10 highway, under the provisions of chapter 7, title 7, Idaho Code. An order of
11 the highway district commissioners entered upon its minutes that the land
12 sought to be condemned is necessary for a public highway and public use shall
13 be prima facie evidence of the fact.
14 (4) The highway district has the power to contract for and pay out any
15 special rewards and bounties as may appear expedient or useful in securing
16 proper highway construction and maintenance, and to accept, on behalf of the
17 district, aid or contributions in the construction or maintenance of any high-
18 way; to construct or repair, with the consent of the corporate authorities of
19 any city within the district, any highway within a city, upon the division of
20 the cost as may be agreed upon; or to join with the state or any body politic
21 or political subdivision, or with any person in the construction or repair of
22 any highway and to contract for an equitable division of the cost; and all
23 counties, cities, highway districts and other bodies politic and political
24 subdivisions are authorized to contract with any highway district acting
25 through its highway district commissioners in exercise of the powers granted.
26 (5) The highway district has the power to receive highway petitions and
27 lay out, alter, create and abandon and vacate public highways and public
28 rights-of-way within their respective districts under the provisions of sec-
29 tions 40-202, 40-203 and 40-203A, Idaho Code. Provided however, when a public
30 highway, public street and/or public right-of-way is part of a platted subdi-
31 vision which lies within an established county/city impact area or within one
32 (1) mile of a city if a county/city impact area has not been established, con-
33 sent of the city council of the affected city, when the city has a functioning
34 street department with jurisdiction over the city streets, shall be necessary
35 prior to the granting of acceptance or vacation of said public street or pub-
36 lic right-of-way by the highway district board of commissioners.
37 (6) The highway district is empowered to take conveyance or other assur-
38 ances, in the name of the highway district, for all property acquired by it
39 under the provisions of this chapter for the purposes of this title. The high-
40 way district may institute and maintain any and all actions and proceedings,
41 suits at law and in equity, necessary or proper in order to carry out the pro-
42 visions of this chapter, or to enforce, maintain, protect or preserve any and
43 all rights, privileges and immunities provided in this chapter. In all courts,
44 actions, suits or proceedings, the highway district may sue, appear and
45 defend, in person or by attorneys, and in the name of the highway district.
46 (7) The highway district is empowered to hold, use, acquire, sell, man-
47 age, occupy and possess property. The highway district may create highway sub-
48 districts, which must be carefully and distinctly defined and described. High-
49 way subdistricts may be revised or modified by the highway district commis-
50 sioners, as changes in conditions demand.
51 (8) The highway district board of commissioners shall have the exclusive
52 general supervisory authority over all public highways, public streets and
53 public rights-of-way under their jurisdiction, with full power to establish
54 design standards, establish use standards, pass resolutions and establish reg-
55 ulations in accordance with the provisions of title 49, Idaho Code, and con-
3
1 trol access to said public highways, public streets and public rights-of-way.
2 (9) By July 1, 2000, and every five (5) years thereafter, the highway
3 district board of commissioners shall have published in map form and made
4 readily available the location of all public rights-of-way under its jurisdic-
5 tion. Any highway district board of commissioners may be granted an extension
6 of time with the approval of the legislature by adoption of a concurrent reso-
7 lution.
STATEMENT OF PURPOSE
RS 10886
This legislation amends Idaho Code section 40-1310, to
provide that the provisions of Idaho Code section 67-6518,
do not abrogate or supercede the powers and duties of
highway district commissioners listed in Idaho Code section
40-1310. This legislation stems from a court case in
Kootenai County.
None to the General Fund.
FISCAL IMPACT
Contact
Name: Stuart 0. Davis; Executive Director, Idaho Association
of Highway Districts, Inc.
Phone: 859-9378
STATEMENT OF PURPOSE/FISCAL NOTE S 110