STATEMENT OF PURPOSE
RS31093C1 / S1258
This legislation amends section 40-203 of Idaho Code regarding the abandonment of roads and public
rights-of-way. Abandonment involves a lengthy process for the county or the highway district in which a
public road is being abandoned. For the cases where the public road accesses public lands or waters, this
legislation adds to the process so that evidence of such access can be presented. For those public roads
that do access public lands and waters, this amendment to 40-203 requires that a replacement public access
be provided, even if that public access is provided at private expense, before the abandonment can be
completed. The replacements cannot be provided through the use of eminent domain nor condemnation, and
this legislation will not affect any road vacations currently underway or currently being litigated.
FISCAL NOTE
This legislation will have no impact on state funding since road abandonments are in the jurisdiction of counties
or highway districts. Counties and highway districts may be abandoning public roads to save money, but where
the public access is to public lands or waters, the replacement access could be paid with private funding.
Contact:
Senator Scott Herndon
(208) 332-1349
DISCLAIMER: This statement of purpose and fiscal note are a mere attachment to this bill and prepared by a proponent
of the bill. It is neither intended as an expression of legislative intent nor intended for any use outside of the legislative
process, including judicial review (Joint Rule 18).
Statement of Purpose / Fiscal Note Bill SOP/FN INTRODUCED: 01/30/2024, 3:06 PM


Statutes affected:
Bill Text: 40-203, 40-203A