House of Representatives

HB 2358

county road abandonment

Sponsors: Representative Flake, Senator Brown, et al

X	Committee on Transportation
	Committee on Counties and Municipalities
	Caucus and COW
	As Passed the House

House Bill 2358 proposes a new section of law that allows a county board of supervisors to abandon a roadway under specified conditions.

Provisions

· Allows a county board of supervisors to abandon a roadway if the roadway has no taxable or real property, the roadway is adjacent to incorporated territory on both sides along its entire length and is not identified as a primary route in the transportation element of the county’s comprehensive plan

· Specifies that when the county board of supervisors resolves to abandon the roadway, the title vests in the adjacent city or town if the same city or town is on both sides of the roadway.

· Declares that if the roadway is adjacent to two different cities or towns, the title shall be divided at the midline with one half going to each city or town that is adjacent to the roadway.

· Specifies that except by mutual agreement between the receiving cities or towns, the title of the roadway may vest in one of the adjacent cities or towns.

· Requires that the county board of supervisors abandon the roadway in cooperation with the affected jurisdiction and make that jurisdiction fully aware of the financial and administrative impacts of the roadway.

· Requires that the county board of supervisors provide a two years’ advance notice of abandonment to the affected jurisdiction, unless there is mutual consent to waive this requirement.

· Specifies that prior to the county vacating or abandoning the roadway, the roadway must be in a condition that will not require surface treatment or major maintenance for at least five years unless this requirement is waived by the affected jurisdiction.

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· 44th Legislature

· Second Regular Session 2 March 2, 2001

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