Bill > H0101

This bill amends Idaho Code Section 40-203 to establish more stringent requirements for abandoning and vacating county highways or public rights-of-way, with a particular focus on protecting public access to state and federal lands and waters. The bill requires county or highway district commissioners to follow a detailed procedural process when considering abandonment, including providing public notice, holding hearings, and accepting evidence about the right-of-way's public access status. Importantly, the bill adds a new provision that prohibits vacating any highway or right-of-way that has been legally determined to provide public access to state or federal lands or waters, unless a substantially similar replacement right-of-way is provided with the same scope of use. The replacement right-of-way must contain a perpetual public access easement and cannot be secured through eminent domain. The bill also clarifies abandoned rights-of-way can be deemed so under specific conditions, such as lack of public use or maintenance over a specified period. The legislation includes an emergency clause and is set to take effect on July 1, 2025, with specific exemptions for abandonment actions initiated before that date.

Transportation and Infrastructure

Transportation and Defense Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0101/