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ID H0172
Bill
Status
2/13/2013
Primary Sponsor
Transportation and Defense Committee
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AI Summary
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Amends Idaho Code Section 40-2319 to establish different notice periods and timelines for removal of flooding and sprinkling encroachments versus other types of highway encroachments.
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Requires notice of 24 hours for flooding and sprinkling related encroachments but 5 days for nonflooding or nonsprinkling encroachments before removal is required.
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Establishes daily penalties of up to $150 per day for failure to remove encroachments, with penalties applying separately based on encroachment type (flooding/sprinkling versus other).
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Allows counties or highway districts to remove encroachments at the property owner's expense if not removed within the specified timeframe and to recover removal costs, daily penalties, court costs, and attorney's fees in abatement actions.
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Specifies that property owners whose irrigation water or property encroaches on highways are liable for costs to repair any resulting highway damage.
Legislative Description
Amends existing law to revise provisions regarding encroachments, removal, notice and penalties upon highways or public rights-of-way.
HIGHWAYS
Last Action
Reported Printed and Referred to Ways & Means
2/14/2013