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Committee advances bill clarifying annexation language around railway rights-of-way
Summary
Senate Bill 694, an amendatory bill intended to clarify when an intervening strip (less than four rods) describes an existing railway right-of-way rather than a newly created strip, passed committee 8-0 after sponsors said the change reflects an attorney-general recommendation.
Senator Albert described Senate Bill 694 as an amendatory bill to clarify existing annexation law when municipality annexation lines abut former railway rights-of-way.
"Annex is separated from the corporate limits of a municipality only by a railway right of way, comma, an intervening strip less than 4 rods wide... 4 rods is a measurement of 16 feet per rod... 66 feet," Albert explained, saying the change is intended to prevent municipalities from creating an "intervening strip" where a railway did not historically exist. Albert said the attorney general recommended the revision to restore the statute to its original intent.
Committee members asked how ownership and maintenance of historic rights-of-way currently worked; Albert said easements often remain in place even when rails and rail humps are gone and that maintenance typically varies by location. He and supporters said the change is targeted to prevent situations in which property is effectively split between municipal and county jurisdiction because of a manufactured intervening strip.
The committee recorded eight ayes, zero nays and declared the bill advanced.
