vacated public roadways
W/D |
Committee on Counties and Municipalities |
|
W/D |
Committee on Public Institutions and Rural Affairs |
|
X |
Committee on Retirement and Government Operations |
|
|
|
Caucus and COW |
|
|
|
Third Read |
|
|
|
As Passed the House |
|
HB 2227 allows cities, towns, counties and the state to vacate public roads without compensation if it does not affect the ability of people to enter and exit the abutting land.
According to A.R.S §28-7205, cities, towns and counties may allow a roadway or portion of a roadway to be vacated, thus making the roadway or portion vested. The restrictions to this process are as follows:
· If the roadway is the exterior boundary of a subdivision or other tract of land is vacated, the title to the roadway vests in the owners of the land abutting the vacated roadway to include the land within the roadway, at the time the roadway was acquired for public use, was part of the subdivided land or was a part of the adjacent land.
· If less than the entire width of the roadway is vacated, title to the vacated portion vests in the owners of the land abutting the vacated portion.
· If a roadway bounded by straight lines is vacated, title to the vacated roadway vests in the owners of the abutting land and each abutting owner takes to the center of the roadway.
· Title to the vacated roadway vests in the owners of the abutting land, and each abutting owner takes a portion of the vacated roadway to which the abutting owners land or any part of the abutting owner’s land is nearest in proximity.
· On vacation of a roadway no portion accrues to an abutting roadway.
According to A.R.S. §28-7206 a city, town or county may also allow a roadway or portion of the roadway to be vacated and the title to the vacated roadway or portion of the roadway vests in the owners association if the following conditions occur:
· The owners association includes the owners of the land abutting the roadway or portion of the roadway to be vacated.
· The owners association has rights and remedies under covenants, conditions or restrictions of title to maintain the vacated roadway and to assess all members of the association for the maintenance of the roadway.
· 2/3 of the members of the owners association and a majority of the owners of commercial property abutting the roadway or portion of the roadway to be vacated approve the vesting of title to the roadway or portion of the roadway in the association.
A.R.S. §28-7207 stipulates that if a roadway is a state roadway, the governing body may allow the state’s interest in the roadway or portion to be abandoned. This will require that the following take place:
· The state’s interest is located outside the boundaries of incorporated cities or towns vests in the county where the roadway is located.
· The state’s interest in the part of the roadway that is located within the boundaries of an incorporated city or town vests in that city or town.
· The Director of the Department of Transportation shall promptly notify the city, town, or county affected by the abandonment, and that county, city or town may maintain the roadway as other county, city or town roadways are maintained or dispose of it.
Statute also states that if a roadway or portion of a roadway is vested, the owner of the abutting land must compensate the governing body for an amount to be determined by the governing body. A roadway shall not be vacated if any adjoining land is left without a public road connecting the land with an established public roadway, unless there is another way to enter or exit the land.
· Allows cities, towns, counties and the state to vacate roads without compensation if it does not affect the ability to enter and exit the abutting land.
· Makes technical and conforming changes.
·
·
·
---------- DOCUMENT FOOTER
---------
·
45th Legislature
·
Second Regular Session 2 March
19, 2002
·
·
---------- DOCUMENT FOOTER
---------