Committee introduces bill to require alternate access before vacating public‑land roads

Representative Cornel Raizer presented RS 32,042, an amendment to existing code that requires jurisdictions seeking to abandon or vacate an existing access to public lands to first provide suitable, alternative access.

"This amendment to current Code will simply provide an opportunity for County Commissioners or highway district or any jurisdiction seeking to abandon or vacate an existing access to public lands. It will require them to first provide suitable access, suitable alternative access to those same public lands," Raizer said. He described broad support from "tax‑paying citizens, tribes, sportsmen, hunters, fishermen, hikers, kayakers, cyclists, boaters, outfitters and guides and other conservation organizations."

Raizer told the committee the measure does not create new access where none exists and that the procedural protections that apply to validation actions would apply to vacation actions under the amendment. He also said the bill would not apply to actions initiated before July 1 of the current year.

Representative Shepherd asked whether the bill would force counties to maintain roads that are failing or too costly to repair. Raizer and other presenters clarified the bill addresses the statutory process for formal abandonment or vacation (outlined in Title 40) and does not require maintenance of a road that is simply in a natural state of disrepair. Representative Clow asked whether the bill would apply to federal lands; Raizer said it would not, citing the supremacy clause and that the state cannot impose that requirement on federal land managers. The sponsor also said the bill does not address RS 2477 rights of way or the Mining Act.

Representative Crane moved to introduce RS 32,042. The committee introduced the bill by voice vote; the chair called for aye and, hearing no opposition, said the motion carried.