HB 101: Public Rights of Way — 2025

[On February 26 the House Transportation & Defense Committee voted down House Bill 101, effectively killing this bill for the year.]

Rep. Cornel Rasor (R-Sagle) introduced HB 101 in the House Transportation Committee as a replica to last year’s SB 1258. HB 101 would require that a “public rights-of-way” that accesses public lands or waters, which has been vacated or abandoned by a county or highway district, would be replaced by another public right-of-way. HB 101 requires the substitute access to be “substantially similar” and “for the same scope.” In addition, it precludes the use of eminent domain for the purpose of securing the replacement.

Finally, the bill requires a county or highway district board to accept evidence associated with public access in abandonment procedures.

The bill is largely in response to a controversy in North Idaho, where Bonner County abandoned a public right-of-way that provided access to Lake Pend Oreille in order to accommodate a new subdivision.

ICL agrees that public access should be protected and we support passage of HB 101.