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Text: HF00418                           Text: HF00420
Text: HF00400 - HF00499                 Text: HF Index
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House File 419

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Bill Text

PAG LIN
  1  1    Section 1.  Section 309.57, Code 1995, is amended to read
  1  2 as follows:
  1  3    309.57  AREA SERVICE CLASSIFICATION.
  1  4    The county board of supervisors, after consultation with
  1  5 the county engineer, and for purposes of specifying levels of
  1  6 maintenance effort and access, may classify the area service
  1  7 system into two three classifications termed area service "A",
  1  8 and area service "B." "B", and area service "C".  The area
  1  9 service "A" classification shall be maintained in conformance
  1 10 with applicable statutes.  Roads on the area Area service "B"
  1 11 classification roads may have a lesser level of maintenance as
  1 12 specified by the county board of supervisors, after
  1 13 consultation with the county engineer.  Area service "C"
  1 14 classification roads may have restricted access and a minimal
  1 15 level of maintenance as specified by the county board of
  1 16 supervisors after consultation with the county engineer.
  1 17    Roads within area service "B" classification and "C"
  1 18 classifications shall have appropriate signs, conforming to
  1 19 the Iowa state sign manual, installed and maintained by the
  1 20 county at all access points to roads on this system from other
  1 21 public roads, to adequately warn the public they are entering
  1 22 a section of road which has a lesser level of maintenance
  1 23 effort than other public roads.  In addition, area service "C"
  1 24 classification roads shall adequately warn the public that
  1 25 access is limited.
  1 26    Roads may only be classified as area service "C" by
  1 27 ordinance or resolution upon petition signed by all landowners
  1 28 adjoining the road.  The ordinance or resolution shall specify
  1 29 the level of maintenance effort and the persons who will have
  1 30 access rights to the road.  The county shall only allow access
  1 31 to the road to the owner, lessee, or person in lawful
  1 32 possession of any adjoining land, or the agent or employee of
  1 33 the owner, lessee, or person in lawful possession, or to any
  1 34 peace officer, magistrate, or public employee whose duty it is
  1 35 to supervise the use or perform maintenance of the road.
  2  1 Access to the road shall be restricted by means of a gate or
  2  2 other barrier.
  2  3    Notwithstanding section 716.7, subsection 4, entering or
  2  4 remaining upon an area service "C" road without justification
  2  5 after being notified or requested to abstain from entering or
  2  6 to remove or vacate the road by any person lawfully allowed
  2  7 access shall be a trespass as defined in section 716.7.
  2  8    A road with an area service "C" classification shall retain
  2  9 the classification until such time as a petition for
  2 10 reclassification is submitted to the board of supervisors.
  2 11 The petition shall be signed by adjoining landowners.  The
  2 12 board of supervisors shall approve or deny the request for
  2 13 reclassification within sixty days of receipt of the petition.
  2 14    The county and officers, agents, and employees of the
  2 15 county are not liable for injury to any person or for damage
  2 16 to any vehicle or equipment, or contents of any vehicle or
  2 17 equipment, which occurs proximately as a result of the
  2 18 maintenance of a road which is classified as area service "B,"
  2 19 "B" or "C" if the road has been maintained to the level
  2 20 required for roads classified as area service "B." "B" or "C".  
  2 21 HF 419
  2 22 js/pk/25
     

Text: HF00418                           Text: HF00420
Text: HF00400 - HF00499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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