Legislature(1999 - 2000)
2000-02-08 Senate Journal
Full Journal pdf2000-02-08 Senate Journal Page 2222 SB 252 SENATE BILL NO. 252 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: An Act relating to certain state rights-of-way. was read the first time and referred to the Resources and Finance Committees. Zero fiscal note published today from Department of Natural Resources. Governors transmittal letter dated February 4: 2000-02-08 Senate Journal Page 2223 SB 252 Dear President Pearce: I am transmitting a bill amending the list and recording requirements as prescribed by a 1998 state law for state rights-of-way, commonly known as RS 2477. The need to correct the list and recording requirements results from further Department of Natural Resources (DNR) land research and recent experience in trying to record the routes. The state was required to have had every listed right-of-way recorded by January 1, 1999. Most of the 602 routes listed in the 1998 law are unsurveyed. Experience has shown recording unsurveyed routes clouds the title of landowners whose property is not necessarily subject to the historical RS2477 trail or route. Many affected private landowners objected when DNR notified them that it was required to record all the routes, particularly unsurveyed trails, noting they often reflect inaccurate routings. This proposed bill requires that most RS2477 routes be recorded only if surveyed, and within one year of the survey. Those unsurveyed trails still subject to recording would be limited to routes crossing larger privately owned parcels (at least 160 acres), or that cross public lands. Those routes would be recorded within two years of listing. In addition, this bill deletes 12 routes from the current list. Examination of early land records indicates these 12 trails were constructed after the land was reserved or appropriated, making RS 2477 inapplicable. Based on what is now known, they do not qualify as valid RS 2477 rights-of-way. This bill simplifies the recording process for RS2477 trails and removes the concern many private landowners may have with the current law. I urge your support of this measure. Sincerely, /s/ Tony Knowles Governor