Public rights-of-way
PUBLIC RIGHTS-OF-WAY – Amends existing law to establish requirements regarding the vacation of public rights-of-way that furnish access to state or federal public lands or waters.

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.

Bill Events
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