SENATE BILL REPORT

SB 5415

BYSenators Peterson, Patterson, Hansen and Garrett; by request of Department of Transportation

Modifying provisions relating to rights of way.

Senate Committee on Transportation

Senate Hearing Date(s):February 12, 1987

Majority Report:  Do pass.

      Signed by Senators Peterson, Chairman; Hansen, Vice Chairman; Tanner, Vice Chairman; Bailey, Barr, Bender, Conner, DeJarnatt, Garrett, Halsan, Patterson, Smitherman, West.

Senate Staff:Vicki Fabre (786-7313)

                  March 10, 1987

AS PASSED SENATE, MARCH 9, 1987

BACKGROUND:

Prior to 1977, the title to all lands purchased by a city, town or the state for non-limited access highway within cities and towns is vested immediately in the city or town.  In 1977 the law was changed to provide that title to lands purchased by the state remained in the state until used for construction or other street purposes.  This change caused confusion regarding legal rights and responsibilities and increased tort liability exposure for the state.

SUMMARY:

Title to rights of way acquired by either the city, town or state vests in the city or town.  Use of such rights of way for any non-transportation purpose is subject to prior written approval by the Department of Transportation.  All revenue derived from any non-transportation use of rights of way is shared by the city or town and the state in the same proportion as the purchase costs were shared.

Fiscal Note:      none requested

Senate Committee - Testified: Bob Bernard, Department of Transportation