SENATE BILL 1258
RS31093C1 / S1258
This legislation amends section 40-203 of Idaho Code regarding the abandonment of roads and public rights-of-way. Abandonment involves a lengthy process for the county or the highway district in which a public road is being abandoned. For the cases where the public road accesses public lands or waters, this legislation adds to the process so that evidence of such access can be presented. For those public roads that do access public lands and waters, this amendment to 40-203 requires that a replacement public access be provided, even if that public access is provided at private expense, before the abandonment can be completed. The replacements cannot be provided through the use of eminent domain nor condemnation, and this legislation will not affect any road vacations currently underway or currently being litigated.
This legislation will have no impact on state funding since road abandonments are in the jurisdiction of counties or highway districts. Counties and highway districts may be abandoning public roads to save money, but where the public access is to public lands or waters, the replacement access could be paid with private funding.
| Date | Description |
|---|---|
| 01/31 | Introduced; read first time; referred to JR for Printing |
| 02/01 | Reported Printed; referred to Transportation |
| 02/07 | Reported out of Committee with Do Pass Recommendation; Filed for second reading |
| 02/08 | Read second time; filed for Third Reading |
| 02/13 | Retained on calendar |
| 02/14 | Read third time in full – PASSED - 33-2-0 AYES – Adams, Anthon, Bernt, Bjerke, Burtenshaw, Carlson, Cook, Den Hartog, Foreman, Grow, Guthrie, Harris, Hart, Herndon, Just, Lakey, Lenney, Lent, Nichols, Okuniewicz, Rabe, Ricks, Ruchti, Schroeder, Semmelroth, Taylor, Toews, Trakel, VanOrden, Ward-Engelking, Winder, Wintrow, Zuiderveld NAYS – Hartgen, Lee Absent and excused – None Floor Sponsor - Herndon Title apvd - to House |
| 02/15 | Received from the Senate, Filed for First Reading |
| 02/15 | Read First Time, Referred to Transportation & Defense |