Committee backs bill letting adjacent landowners reclaim abandoned road easements

Senate Bill 42, which would permit adjacent landowners to request reversion of easements for abandoned state or local roads, was amended and given a favorable report by the Transportation, Utilities and Infrastructure committee.

The bill, introduced in committee by Senator Nelson, would let both owners of land flanking an abandoned road petition the appropriate local authority to return the easement to the adjoining owners. "This bill is simply a property rights bill," Senator Nelson said, describing the measure as applying only where a roadway has been abandoned and not repurposed.

Supporters say the change would let landowners fence and reintegrate former roadbeds into contiguous parcels. "If I was a farmer and on 1 side of the road, a pasture that I had cows, I lived on the other side, I don't have to worry about crossing that abandoned road," Nelson said. The committee adopted an amendment clarifying that the reversion process would not apply where the corridor has been converted or is planned to be converted to a state trail or similar public use.

Committee members pressed for details about original ownership and the mechanics of reversion. Representative Smith asked, "How do we know for sure that it's gonna go back to the original owner?" Senator Nelson and other presenters explained the statute would return the easement to the adjoining owner(s) where both sides agree; if only one side requests reversion, that side could receive up to its adjacent fence line. The committee also discussed that reversion could be constrained if the corridor was funded with federal grants; Nelson said he would present a floor amendment to address federal-funding restrictions and to require ALDOT approval in those cases.

Committee members and staff clarified typical local procedures under the bill. Nelson said a county probate judge would likely be the authority for locally abandoned roads, while state highways would involve state authorities. He emphasized the bill targets truly abandoned corridors: "We're not trying to take something away that's being used by any means. It's simply if we have an abandoned road..."

The committee voted to adopt the amendment by Representative Marcus, seconded by Representative Givens; the amendment passed by voice vote. Later, a motion to give Senate Bill 42 as amended a favorable report was moved and seconded; the committee approved the bill by voice vote. The committee record did not list a roll-call tally.

The bill as amended excludes corridors converted to state trails or similar public uses and, per the chair's discussion, will include a floor amendment to account for corridors purchased or improved with federal funds and subject to federal grant conditions. The committee did not specify an effective date in the discussion recorded in committee.

The committee adjourned the SB 42 segment and moved on to a public hearing on House Bill 323 later in the session.