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ID H0232
Bill
AI Summary
House Bill No. 232 Summary
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Amends Idaho Code Section 40-2319 to require counties or highway districts to immediately remove encroachments (gates, fences, buildings, etc.) that effectively obstruct and prevent vehicle use of highways or public rights-of-way.
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Establishes a 10-day notice period for property owners or occupants to remove encroachments, with penalties up to $150 per day for non-compliance.
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Authorizes counties or highway districts to remove encroachments at the owner's expense after five days if not removed, plus recovery of removal costs and daily penalties up to $150.
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Permits counties or highway districts to pursue court action to abate encroachments as nuisances, with recovery of daily penalties, legal costs, and removal expenses if judgment is obtained.
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Clarifies that the statute does not limit or override other provisions governing county and highway district authority, including authority to regulate highway and public right-of-way use for pedestrian and motorist safety.
Legislative Description
Amends existing law relating to encroachments to revise provisions relating to the immediate removal of certain encroachments by a county or highway district; and to provide that certain provisions shall not be construed to limit, abrogate or supersede specified law governing the power, authority or jurisdiction of a county or highway district.
ENCROACHMENTS
Last Action
Governor signed Session Law Chapter 282 Effective: 07/01/11
4/11/2011