ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
vacated public roadways
Allows the state, cities,
towns and counties to vacate a public roadway without compensation.
Current law requires that
when a city, town, county or the state vacates a public roadway, the owner of
the adjacent land will be vested with the title to the roadway and must provide
compensation to the governing body vacating the roadway. The governing body vacating the roadway
determines the amount of the compensation, taking into consideration the
condition of the roadway. The governing
body vacating a roadway must ensure that the land adjoining the vacated roadway
is connected by a public road to another established roadway.
H.B. 2227 allows a governing
body to relinquish the title of a vacated roadway to the owner of the adjacent
land without compensation and includes private legal access roadways in the
type of road that can connect land adjoining a vacated roadway to another
established roadway.
There is no anticipated
fiscal impact to the state general fund associated with this legislation.
1. Allows the state, cities, towns and counties to vacate a public roadway without compensation if the governing body determines the roadway has no public use or market value.
2. Requires the person or entity taking the vacated public roadway to assume maintenance and liability for the roadway.
3. Allows the state, cities, towns and counties to vacate a public roadway provided that a public or private legal access road connects the adjoining land to a public roadway.
4. Makes technical and conforming changes.
5. Provides for a general effective date.
Amendments Adopted by Committee of the Whole
1.
Specifies
that a governing body must determine that a roadway has no public use or market
value prior to vacating the roadway.
2.
Requires
the person or entity taking the roadway assume maintenance and liability of the
roadway.
House Action Senate
Action
3rd Read 4/2/02 DP 52-1-7-0 3rd Read 4/25/02 18-11-1-0
Prepared by Senate Staff
April 25, 2002