2000-02-07                     House Journal                      Page 2120
HB 351                                                                       
HOUSE BILL NO. 351 by the House 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 Judiciary            
Committees.                                                                    
                                                                               

2000-02-07                     House Journal                      Page 2121
HB 351                                                                       
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Dept. of Natural Resources, 2/7/00                           
                                                                               
                                                                               
The Governor's transmittal letter dated February 4, 2000, appears              
below:                                                                         
                                                                               
"Dear Speaker Porter:                                                          
                                                                               
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.                                                

2000-02-07                     House Journal                      Page 2122
HB 351                                                                       
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"