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ID S1101

Bill

Status

Passed

4/13/2021

Primary Sponsor

Transportation Committee

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Origin

Senate

2021 Regular Session

AI Summary

  • Allows county or highway district commissioners to abandon and vacate highways and public rights-of-way through a formal process including public hearings and notice to affected parties.

  • Permits vacation of unimproved platted subdivision roads or rights-of-way through dedication of a new highway, public street, or public right-of-way without compensation to the acquiring entity.

  • Establishes a $2,500 fair market value threshold; charges may be imposed on acquiring entities for abandoned rights-of-way valued at or above this amount, except for original landowners who dedicated the parcel or federal land rights-of-way.

  • Requires commissioners to mail notice at least 30 days prior to hearings to underground facility owners, abutting property owners, and utilities; also requires newspaper publication at least two to three times before the hearing.

  • Deems a highway or public right-of-way abandoned if created by unrecorded common law dedication and either has not been publicly used or maintained for three of the past fifteen years, or was never constructed and twenty years have elapsed since dedication.

Legislative Description

Amends existing law to provide for vacation of certain rights-of-way without compensation.

HIGHWAYS AND BRIDGES

Last Action

Session Law Chapter 179 Effective: 07/01/2021

4/13/2021

Committee Referrals

Transportation and Defense2/26/2021
Transportation2/15/2021
Judiciary and Rules2/12/2021

Full Bill Text

No bill text available