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Senate advances bill to clarify RS‑2477 road rights and state role in litigation
Summary
Sen. Blackcomb won floor support to advance Senate Bill 249, which seeks to place the state in a position to litigate and clarify rights-of-way for RS‑2477 roads on public lands; supporters said the measure aims to give the state standing in court and speed resolution of long-running county-by-county disputes.
Senate Bill 249, aimed at clarifying state rights-of-way and legal posture for RS‑2477 roads on public lands, was debated Feb. 23, 2000, and advanced to the third-reading calendar.
Sen. Blackcomb described SB 249 as a means to place the state ‘‘in joint title, not joint ownership of the road, but in joint title on the right of way’’ to strengthen the state’s position in litigation about whether older roads on public lands are recognized under RS‑2477. The sponsor said the measure could allow the state to pursue litigation rather than leaving that role solely to counties.
Sen. Davis asked whether the bill intended the existing defense fund established to underwrite county lawsuits to revert to the state; Sen. Blackcomb replied that the defense fund could be used in either location but emphasized the purpose is to get the issue resolved statewide rather than county by county. Supporters said they had worked with the governor’s office and counties and expected continued legal review.
The clerk announced the result: SB 249 passed to the third-reading calendar with 19 yes votes, 6 nay votes and 5 absent.
Next steps: The bill will proceed to third reading; senators said the text may need fine tuning and further legal review as attorneys continue work on the complex RS‑2477 issues.
