FINAL BILL REPORT

SB 5732

                                  C 267 L 87

BYSenators Tanner, Peterson, Smitherman, Bender, Bailey and Garrett

Encouraging right-of-way donations.

Senate Committee on Transportation

House Committe on Transportation

SYNOPSIS AS ENACTED

BACKGROUND:

The expansion of commercial, residential, industrial and other business activities is producing an increase in traffic levels.  Procedures and policies that provide incentives to encourage donations of right-of-way by private property owners and local governments could alleviate existing and foreseeable traffic problems as well as support economic development.

SUMMARY:

Legislative intent is established to foster and encourage donations of highway, road, and street rights-of-way by voluntary donors in areas where the rapid expansion of residential, commercial, industrial and business activities is producing increased traffic levels.

Right-of-way is defined as the area of land designated for transportation purposes.

The governing body of a Transportation Benefit District (TBD), cities and counties are authorized to give credit for any right-of-way donation against an assessment, charge, or other required financial contribution for transportation improvements within a TBD.

The Department of Transportation (DOT), a county, city or town is required, after receiving a donation of right-of-way, to grant the donor an airspace permit for erecting and maintaining signs advertising a donor's business, unless such signs are detrimental to highway, road or street safety and operation.  Signs may be erected on proposed limited access highways and streets until the donated parcel becomes part of a completed operating facility.  All signs erected under this provision must adhere to federal, state and local laws and ordinances.  The conditions for signage must be specified in the airspace permit.

Cities, towns and counties are authorized to credit donations of right-of-way in excess of that needed for traffic improvements against landscaping, parking, and other requirements mandated by local governments as a condition to granting permits for commercial or industrial developments.

The DOT is required to undertake specified steps to refine, modify, and enhance procedures and policies dealing with right-of-way donation.  DOT must report to the Legislature on its efforts by January 1, 1988.

VOTES ON FINAL PASSAGE:

      Senate    48     0

      House 95   0 (House amended)

      Senate    40     0 (Senate concurred)

EFFECTIVE:July 26, 1987