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House approves bill letting counties use B & C road funds for rights-of-way and litigation
Summary
Lawmakers passed HB278, amended to let counties use up to 30% of B & C road funds for acquiring rights-of-way and litigation related to RS-2477 roads after federal challenges; proponents said the tool is needed to defend access and resource revenues, opponents warned of diverting maintenance funds.
The Utah House of Representatives on Feb. 10 passed an amended bill allowing counties to use a portion of B & C roads funding for rights-of-way acquisition and litigation related to historic RS-2477 road claims.
Representative Michael Noel, sponsor of HB278, said the amendment removes references to state ownership and provides counties an option ‘‘to take up to 30% of their B and C road funds and use these funds to acquire rights of ways and to litigate for those rights of ways,’’ a step he called necessary in light of recent federal decisions affecting public-land access.
Supporters framed the change as a defense tool after the Secretary of the Interior paused or withdrew bids and leases and federal court decisions called into question RS-2477 road validations. Noel and other backers warned that unresolved access disputes threaten development of state trust lands and their revenue streams—citing testimony that similar lands produced roughly $500 million over 10 years in one comparison presented to committee.
Opponents pressed on budget priorities and the risk of diverting funds from maintenance. Representatives asked whether counties have alternative funding sources and whether the fund would be used to litigate against private property owners; Noel said counties already use general-fund and property-tax monies for litigation and that B & C funds would be another option if the county commissioners choose it.
Debate also spelled out legal distinctions between Title V rights-of-way and RS-2477 claims, and witnesses described lengthy administrative and judicial processes for securing rights—examples included a Title V water access right contested in Kane County that had exceeded $100,000 in legal costs.
The House adopted Amendment No. 2 as described on the floor and passed HB278 by a 53–20 vote. The bill will be transmitted to the Senate for consideration.
Next steps: if the Senate concurs and the bill becomes law, county commissioners would have discretion to allocate up to 30% of B & C road funds to rights-of-way acquisition and litigation; implementation details and any county-level decisions would follow.
