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Road and Rights of Way Amendments

Our Position: oppose
Bill Number: hb385s1
Sponsor: Rep Mike Noel (R-Kanab)
Legislative Session: 2008 General Session

With First Substitute HB 385, Noel substitutes his own judgment that no rural highway claim--no matter how ill-founded or frivolous--can ever be relinquished for the the sound judgment of local authorities.  If a county decides one of these rural highway claims runs contrary to watershed protection, habitat or recreation management, they no longer have the right to repudiate it.  Instead, under this bill, the claim would revert to the ownership of the state.

Status

Action Needed

The original version of the bill was much worse and included the creation of a new category of road called public access preservation highways.  This new class of highways would probably have spawned litigation with the federal government and public interest groups.  It also created the first segment of so-called public access preservation highway in the Town of Alta as a present for land speculators.

The Utah Ski Association and the Town of Alta opposed the bill and helped bring about the re-write in the first substitute.  Even that version is against the public interest and, fortunately, failed.

HB 385 will be heard by the House Natural Resources, Agriculture and Environment Committee on Tuesday, 26 February, at 8 am in Room C445 of the State Capitol.  It's currently scheduled as the second item on the agenda.  The best strategy on this one is to call your representative to ask for a no vote, but if you're able to attend the meeting to show your opposition, please consider doing so.

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