Bill would require jurisdictions to provide alternative access before vacating roads to public lands

Representative Cornel Rasor introduced RS 32042 and said the amendment will ensure jurisdictions seeking to vacate or abandon existing access to public lands must 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," Rasor told the committee. He said the measure is intended to make certain "that the people who enjoy the public lands in the state of Idaho don't lose access to them." He listed groups that have expressed support, including tribes, sportsmen, outfitters and conservation organizations.

Rasor emphasized the bill will not create new public-access rights where none currently exist and will not apply to actions initiated before the bill's effective date: "It doesn't apply to anything initiated prior to July first of this year." When Representative Clow asked whether the bill would affect federal lands, Rasor replied that it would not override federal authority: "With our current misunderstanding of the supremacy clause, no, we would not have to do that. So, if the federal government decides to vacate a road, they think they own the land. So, there's nothing we can do about that as a state." He also distinguished the proposal from other rights-of-way and mining-related road provisions raised during questioning.

Representative Crane moved to introduce RS 32042; the motion carried by voice vote and the bill was introduced.