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ID H0232

Bill

Status

Passed

4/11/2011

Primary Sponsor

Unknown

Origin

House of Representatives

2011 Regular Session

AI Summary

House Bill No. 232 Summary

  • 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.

  • Establishes a 10-day notice period for property owners or occupants to remove encroachments, with penalties up to $150 per day for non-compliance.

  • 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.

  • 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.

  • 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

Committee Referrals

Transportation3/23/2011
Transportation and Defense3/8/2011

Full Bill Text

No bill text available