Text: HF02477                           Text: HF02479
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index



House File 2478

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 306.11, Code 1999, is amended to read
  1  2 as follows:
  1  3    306.11  HEARING – PLACE – DATE.
  1  4    In proceeding to the vacation and closing of any a road,
  1  5 part thereof, or railroad crossing, the agency in control of
  1  6 said the road, or road system, shall fix a date for a hearing
  1  7 thereon on the vacation and closing in the county where said
  1  8 the road, or part thereof, or crossing, is located, and if
  1  9 located in more than one county, then in a county wherein in
  1 10 which any part of such the road or crossing is located.  If
  1 11 the road to be vacated or changed is a secondary road located
  1 12 in more than one county, the boards of supervisors of such the
  1 13 counties, acting jointly, shall fix a date for a hearing
  1 14 thereon on the vacation or change in either or any of the
  1 15 counties where such the road, or part thereof, is located.  If
  1 16 the proposed vacation is of a road right-of-way held by
  1 17 easement and will not change the existing traveled portion of
  1 18 the road or deny access to the road by adjoining landowners, a
  1 19 hearing is not required.
  1 20    Sec. 2.  Section 306.12, Code 1999, is amended to read as
  1 21 follows:
  1 22    306.12  NOTICE – SERVICE.
  1 23    Notice of the hearing under section 306.11 shall be
  1 24 published in a newspaper of general circulation in the county
  1 25 or counties where the road is located, not less than four nor
  1 26 more than twenty days prior to the date of hearing.  The
  1 27 agency which is holding the hearing shall notify all adjoining
  1 28 property owners, all utility companies whose facilities adjoin
  1 29 the road right-of-way or are on the road right-of-way, and the
  1 30 department, boards of supervisors, or agency in control of
  1 31 affected state lands, of the time and place of the hearing, by
  1 32 certified mail, and shall notify all property owners located
  1 33 outside the boundary of a city, who own ten or more acres of
  1 34 land within one mile of the road, by regular mail.  
  1 35                           EXPLANATION
  2  1    This bill provides that the agency which has jurisdiction
  2  2 over a road may vacate a road right-of-way held by easement
  2  3 without a public hearing if the vacation will not change the
  2  4 existing traveled portion of the road or deny access to the
  2  5 road by adjoining landowners.
  2  6    The bill also eliminates a requirement that an agency
  2  7 holding a hearing on the vacation of a road, part of a road,
  2  8 or railroad crossing within its jurisdiction notify by regular
  2  9 mail all property owners located outside the boundary of a
  2 10 city who own 10 or more acres of land within one mile of the
  2 11 road.  The public notice requirements and the notice
  2 12 requirements for adjoining landowners remain in place.  
  2 13 LSB 6584HV 78
  2 14 nh/as/5
     

Text: HF02477                           Text: HF02479
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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