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ID H0104
Bill
Status
2/7/2019
Primary Sponsor
Transportation and Defense Committee
Click for details
AI Summary
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Establishes that construction and first use of federal land rights-of-way constitute acceptance of the grant for perpetual term, with abandonment only possible through eminent domain proceedings with just compensation.
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Requires the state to maintain a dominant estate position on federal land rights-of-way and prohibits the state from recognizing or consenting to exchange, waiver, or abandonment of these rights-of-way.
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Mandates federal agencies submit proposed land and resource management plans to the governor prior to approval and requires public comment opportunities if the governor recommends changes not raised during public participation.
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Allows rights-of-way maintenance by the public through usage or optionally by the state or political subdivisions, including widening to accommodate increased travel and modifications for public safety and contemporary design standards.
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Permits private landowners within federal lands to seek validation of rights-of-way through congressional or federal agency processes and allows abandonment only by following procedures in Idaho Code sections 40-203 and 40-203A.
Legislative Description
Amends existing law to revise provisions regarding federal land rights-of-way.
FEDERAL LAND RIGHTS-OF-WAY
Last Action
Reported Printed and Referred to Transportation & Defense
2/8/2019