Committee advances bill requiring suitable access before vacating roads to public lands

Representative Cornel Rasier (District 1) presented an amendment, RS32042, to state code that would require any county, highway district or jurisdiction seeking to abandon or vacate an existing access to public lands to first provide suitable alternative access. Rasier said the amendment is intended to ensure that people who use the state’s public lands do not lose access and that it would not create new public access where none exists.

Rasier said the measure is modeled on existing validation procedures and would apply the same protections and process used for road validation to vacation proceedings. He told the committee the amendment does not apply to actions initiated before July 1 of the stated year and said multiple stakeholder groups — tribes, sportsmen, outfitters, conservation organizations and other citizens — expressed support.

Representative Shepherd pressed for clarification: he described a road sliding toward a river and asked whether the bill would obligate a county to maintain a road it can no longer afford to repair. Rasier replied that the bill addresses formal abandonment or vacation processes outlined in Title 40 (district/road abandonment code) and does not apply to roads merely in a natural state of disrepair. Representative Clow asked whether federal lands would be covered; Rasier responded that federal decisions are governed by the supremacy clause and the state cannot compel the federal government to provide access. Representative Boyle and others clarified that RS 2477 rights-of-way and mining-act roads are not affected by the amendment. Representative Crane moved to introduce RS32042; the motion passed by voice vote.