Print Friendly SENATE BILL NO. 1254 – Roads/rights-of-way, clarificatn
SENATE BILL NO. 1254
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S1254......................................................by STATE AFFAIRS
ROADS - RIGHTS-OF-WAY - Amends House Bill 268 of the First Regular Session
of the Fifty-sixth Idaho Legislature, relating to roads and public
rights-of-way, to clarify the effect of certain public records on title to
real property; and to clarify application of the provisions of that act.
03/15 Senate intro - 1st rdg - to printing
03/16 Rpt prt - to Transp
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Boatright, Branch, Brandt, Bunderson, Burtenshaw,
Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure,
Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Lodge,
Noh, Richardson, Risch, Sandy, Schroeder, Sims, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams,
NAYS -- None
Absent and excused -- Geddes
Floor Sponsor -- Frasure
Title apvd - to House
03/26 House intro - 1st rdg - to St Aff
03/28 Rpt out - Ref'd to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1254
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO ROADS; AMENDING SECTION 40-202, IDAHO CODE, AS AMENDED BY HOUSE
3 BILL NO. 268, AS ENACTED BY THE FIRST REGULAR SESSION OF THE FIFTY-SIXTH
4 IDAHO LEGISLATURE, TO PROVIDE THAT CERTAIN PUBLIC RECORDS SHALL NOT BE
5 DEEMED TO IMPART CONSTRUCTIVE NOTICE OF MATTERS AFFECTING TITLE TO REAL
6 PROPERTY; AMENDING SECTION 9 OF HOUSE BILL NO. 268, AS ENACTED BY THE
7 FIRST REGULAR SESSION OF THE FIFTY-SIXTH IDAHO LEGISLATURE, TO PROVIDE FOR
8 APPLICATION OF THE PROVISIONS OF THE ACT; AND DECLARING AN EMERGENCY.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Section 40-202, Idaho Code, as amended by House Bill No.
11 268, as enacted by the First Regular Session of the Fifty-sixth Idaho Legisla-
12 ture, be, and the same is hereby amended to read as follows:
13 40-202. DESIGNATION OF HIGHWAYS AND PUBLIC RIGHTS-OF-WAY. (1) The initial
14 selection of the county highway system and highway district system may be
15 accomplished in the following manner:
16 (a) The board of county or highway district commissioners shall cause a
17 map to be prepared showing the general location of each highway and public
18 right-of-way in their jurisdiction, and the commissioners shall cause
19 notice to be given of intention to adopt the map as the official map of
20 that system, and shall specify the time and place at which all interested
21 persons may be heard.
22 (b) After the hearing, the commissioners shall adopt the map, with any
23 changes or revisions considered by them to be advisable in the public
24 interest, as the official map of the respective highway system.
25 (2) If a county or highway district acquires an interest in real property
26 for highway or public right-of-way purposes, the respective commissioners
28 (a) Cause any order or resolution enacted, and deed or other document
29 establishing an interest in the property for their highway system purposes
30 to be recorded in the county records; or
31 (b) Cause the official map of the county or highway district system to be
32 amended as affected by the acceptance of the highway or public right-of-
34 Provided, however, a county with highway jurisdiction or highway district may
35 hold title to an interest in real property for public right-of-way purposes
36 without incurring an obligation to construct or maintain a highway within the
37 right-of-way until the county or highway district determines that the necessi-
38 ties of public travel justify opening a highway within the right-of-way. The
39 lack of an opening shall not constitute an abandonment, and mere use by the
40 public shall not constitute an opening of the public right-of-way.
41 (3) Highways laid out, recorded and opened as described in subsection (2)
42 of this section, by order of a board of commissioners, and all highways used
43 for a period of five (5) years, provided they shall have been worked and kept
1 up at the expense of the public, or located and recorded by order of a board
2 of commissioners, are highways. If a highway created in accordance with the
3 provisions of this subsection is not opened as described in subsection (2) of
4 this section, there shall be no duty to maintain that highway, nor shall there
5 be any liability for any injury or damage for failure to maintain it or any
6 highway signs, until the highway is designated as a part of the county or
7 highway district system and opened to public travel as a highway.
8 (4) When a public right-of-way is created in accordance with the provi-
9 sions of subsection (2) of this section, or section 40-203 or 40-203A, Idaho
10 Code, there shall be no duty to maintain that public right-of-way, nor shall
11 there be any liability for any injury or damage for failure to maintain it or
12 any highway signs.
13 (5) Nothing in this section shall limit the power of any board of commis-
14 sioners to subsequently include or exclude any highway or public right-of-way
15 from the county or highway district system.
16 (6) By July 1, 2005, and every five (5) years thereafter, the board of
17 county or highway district commissioners shall have published in map form and
18 made readily available a map showing the general location of all public
19 rights-of-way under its jurisdiction. Any board of county or highway district
20 commissioners may be granted an extension of time with approval of the legis-
21 lature by adoption of a concurrent resolution. In aid of this responsibility,
22 each highway district or county commission shall communicate and coordinate
23 with all federal and state agencies administering land within the commission's
24 jurisdiction. The commission shall seek from the federal or state agencies all
25 available information respecting the current status of all federal land
26 rights-of-way within the commission's jurisdiction, including any information
27 regarding authorized or unauthorized restrictions or physical limitations on
28 access and public use thereof. All such information made available to the com-
29 mission, whether obtained from federal agencies or otherwise, shall be deemed
30 a part of the public record and made available pursuant to applicable law gov-
31 erning public records; provided that such public records shall not be deemed
32 to impart constructive notice of matters affecting title to real property.
33 (7) Nothing in this section or in any designation of the general location
34 of a highway or public right-of-way shall authorize the public highway agency
35 to assert or claim rights superior to or in conflict with any rights-of-way
36 that resulted from the creation of a facility for the transmission of water
37 which existed before the designation of the location of a highway or public
39 SECTION 2. That Section 9 of House Bill No. 268, as enacted by the First
40 Regular Session of the Fifty-sixth Idaho Legislature, be, and the same is
41 hereby amended to read as follows:
42 SECTION 9. An emergency existing therefor, which emergency is hereby
43 declared to exist, this act shall be in full force and effect on and after its
44 passage and approval. The provisions of this act shall not apply retroactively
45 to any action which has been finally decided before any board of county or
46 highway district commissioners, nor to any public right-of-way which was aban-
47 doned, vacated or validated in compliance with Idaho law prior to the effec-
48 tive date of this act.
49 SECTION 3. An emergency existing therefor, which emergency is hereby
50 declared to exist, this act shall be in full force and effect on and after its
51 passage and approval.
STATEMENT OF PURPOSE
This bill acts to amend section 40-202 of House Bill 268. To provide
that certain public records will not create a conflict of title to
real properties, provides an amended Section 9 to clarify retroactive
application of board decisions in compliance with Idaho law in the
provisions of this act.
No Fiscal Impact to General Fund.
Name: Rep. JoAn Wood
STATEMENT OF PURPOSE/FISCAL NOTE S 1254