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ID H0171
Bill
Status
4/3/2013
Primary Sponsor
Transportation and Defense Committee
Click for details
AI Summary
House Bill 171 Summary
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County or highway district may immediately remove encroachments that obstruct highway use or are unsafe for pedestrians or motorists without advance notice.
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Owner, occupant, or person controlling an encroachment must remove it within 10 days of notice or forfeit up to $150 per day the encroachment remains.
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If encroachment is not removed within 5 days after notice is complete, the county or highway district may remove it at the encroacher's expense and recover costs plus up to $150 per day.
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County or highway district is liable only for reasonable care and their own acts or omissions, not for injuries or damages caused by the encroachment or failure to remove it.
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County or highway district retains authority to regulate highway and public right-of-way use for pedestrian and motorist safety.
Legislative Description
Amends existing law to provide that the county or highway district have actual notice of an encroachment that is unsafe for pedestrians or motorists, to establish provisions relating to certain persons controlling an encroachment, to provide for the standard of care for the county or highway districts, to provide that the county or highway district shall not be liable for any injury or damage caused by an encroachment or failure to remove the unauthorized encroachment upon a highway and to establish provisions relating to any defense the county or highway district may assert in a civil action.
HIGHWAYS
Last Action
Reported Signed by Governor on April 3, 2013 Session Law Chapter 264 Effective: 07/01/13
4/3/2013