2000-02-08                     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