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ID H0321
Bill
Status
4/2/2013
Primary Sponsor
Ways and Means Committee
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AI Summary
HB 321 Summary
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Addresses right-of-way issues through amendments to Idaho highway law, following recommendations from a Right-of-Way Task Force established during the 2012 interim session.
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Requires county and highway district commissioners to confirm no legal abandonment has occurred before designating a new highway or public right-of-way on the official map, and requires evidentiary support for dedication, purchase, or prescriptive use.
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Establishes that inclusion or exclusion of a highway or public right-of-way from an official map does not constitute a legal determination of public status, and allows persons to challenge map designations at any time.
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Restricts abandonment of highways and public rights-of-ways created by common law dedication to situations where: the highway has not been used or maintained at public expense for at least 3 of the previous 15 years, or was never constructed and at least 20 years have elapsed since dedication.
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Declares the act effective immediately upon passage and approval to provide clarity regarding highway and public rights-of-way status and abandonment.
Legislative Description
Amends existing law relating to highways to revise provisions relating to a certain map, to establish provisions relating to designating a new highway or public rights-of-way on the official map, to establish provisions relating to notice and to establish provisions relating to the purposes of an official map; to remove language relating to a highway abandoned and vacated and that public use of a certain highway or public right-of-way may not be restricted; and to establish provisions relating to actions where certain highways or public rights-of-way may be abandoned and vacated only upon a formal determination.
HIGHWAYS
Last Action
Reported Signed by Governor on April 2, 2013 Session Law Chapter 239 Effective: 04/02/13
4/2/2013