The bill amends Section 40-203 of the Idaho Code, which governs the abandonment and vacation of county highways and public rights-of-way. Key changes include the clarification of procedures for abandonment, such as the requirement for public hearings and notifications to affected parties. Notably, the language has been revised to replace "which" with "that" in reference to rights-of-way providing public access to state and federal lands. Additionally, the bill introduces a new provision that prohibits the vacation of any highway or public right-of-way that has been legally determined to provide public access to state or federal lands unless a similar replacement right-of-way is provided.

Furthermore, the bill establishes that any replacement right-of-way must ensure perpetual public access and cannot be secured through eminent domain. It also outlines the conditions under which a highway or public right-of-way may be deemed abandoned, emphasizing the need for a formal determination by the commissioners that retaining the right-of-way is not in the public interest. The bill declares an emergency and sets an effective date of July 1, 2025, for its provisions.

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