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H 101

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.

68th Legislature, 1st Regular Session (2025)

The bill requires replacement public access for any abandoned right-of-way that provides access to state or federal lands or waters, to ensure perpetual public use.

Reported Printed and Referred to Transportation & Defense
#commissions #counties #easements #highways
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Bill Summary · H 101

Summary of House Bill 101 (H 101)

A proposed amendment to Idaho Code § 40-203 regarding the abandonment and vacation of county and highway district highways or public rights-of-way, with a focus on rights-of-way that furnish access to state or federal public lands or waters. The bill aims to ensure continued access to public lands/waters when such rights-of-way are abandoned, and to set conditions for replacement access.

Purpose and intent

  • Strengthen protections for public access to state and federal lands and waters when a highway or public right-of-way is abandoned or vacated.
  • Require a replacement public access be provided for any right-of-way that furnishes such access, prior to abandonment, and prohibit use of eminent domain or condemnation to secure replacement access.
  • Allow privately funded replacement access, provided it maintains perpetual public access to the lands or waters.

What changes the bill would make

  • Amends Section 40-203 to include explicit consideration of whether a right-of-way furnishes access to state or federal lands or waters and to require replacement access when such access exists.
  • Replacement access must provide the same scope of use as the vacated right-of-way.
  • Replacement rights may be privately maintained but must ensure perpetual public access; eminent domain cannot be used to obtain replacement.
  • If the vacated parcel has a fair market value of $2,500 or more, the acquiring entity may be charged up to the parcel’s FMV as a condition of abandonment (not charged to the original dedicating landowner); if the right-of-way was originally a federal land right-of-way, it reverts to federal ownership.
  • Replacement provisions do not apply to actions initiated before July 1, 2025, and do not create public access where none exists on private property.

Key procedural and timeline aspects

  • Notice and hearings: requires formal notices (to underground facility owners, abutting landowners, and the public) at least 30 days before hearings; publication requirements vary by weekly/daily newspaper schedules.
  • Evidence and validation: during hearings, the commission must accept evidence regarding whether the right-of-way furnishes public access; if access has not been adjudicated, validation under § 40-203A applies before establishing public access.
  • Decision and appeal: final decision must be written with findings of fact and conclusions of law; appeals available to district court under § 40-208.
  • Recording: orders/resolutions recorded; maps amended accordingly.
  • Exceptions: cannot vacate to leave adjoining property without access; existing sewer, gas, water, pipelines, and similar underground facilities are preserved in the abandonment or vacation process.
  • Platted subdivisions: abandonment/vacation subject to the section’s provisions when the right-of-way was accepted as part of a subdivision.

Affected entities

  • Counties and highway districts (primary administers of abandonments).
  • Landowners, property holders, and agency/municipal/tribal/federal entities with interests in abutting lands or underground facilities.
  • Public lands and waters access users and the general public (through continued access and replacement rights).

Fiscal impact

  • The bill’s fiscal note states no state funding impact, as abandonments are handled by counties or highway districts.
  • Replacement access could be privately funded; no required state funding, though private investment may be utilized.

Legislative status

  • Introduced: January 31, 2025.
  • Reported Printed and Referred to Transportation & Defense: February 3, 2025.
  • Subject: Commissions, Counties, Easements, Highways.

Compiled from official sources — confirm details with the bill’s official record.

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