2007 Montana Legislature

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SENATE BILL NO. 251

INTRODUCED BY LARSON, COCCHIARELLA, BRANAE, RYAN, MCALPIN, OLSON, KOTTEL, BECKER, JOPEK, KITZENBERG, DUTTON, COHENOUR, DRISCOLL, GRINDE, MOSS, K. PETERSON, KEANE, FRENCH, SMITH, BRUEGGEMAN, ESSMANN, HIMMELBERGER, MCGILLVRAY, VAN DYK

 

AN ACT ALLOWING THE STATE TO TRANSFER PUBLIC ROADWAYS TO LOCAL GOVERNMENTS IN EXCHANGE FOR THE LOCAL GOVERNMENT TAKING OVER FULL MAINTENANCE AUTHORITY; PROVIDING FOR THE PUBLIC ROADWAY TO BE KEPT IN OPERATION FOR PUBLIC PURPOSES; AND AMENDING SECTIONS 7-14-2101 AND 60-4-201, MCA.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

 

     Section 1.  Section 7-14-2101, MCA, is amended to read:

     "7-14-2101.  General powers of county relating to roads and bridges -- definitions. (1) The board of county commissioners, under the limitations and restrictions that are prescribed by law, may:

     (a)  (i) lay out, maintain, control, and manage county roads and bridges within the county;

     (ii) subject to 15-10-420, levy taxes for the laying out, maintenance, control, and management of the county roads and bridges within the county as provided by law;

     (b)  (i) in the exercise of sound discretion, jointly with other counties, lay out, maintain, control, manage, and improve county roads and bridges in adjacent counties, wholly or in part as agreed upon between the boards of the counties concerned;

     (ii) subject to 15-10-420, levy taxes for the laying out, maintenance, control, management, and improvement of county roads and bridges in adjacent counties or shared jointly with other counties, as agreed upon between the boards of the counties concerned and as provided by law;

     (c)  (i) enter into agreements for adjusted annual contributions over not more than 6 years toward the cost of joint highway or bridge construction projects entered into in cooperation with other counties, the state, or the United States;

     (ii) subject to 15-10-420, place a joint project in the budget and levy taxes for a joint project as provided by law.

     (2)  Unless the context requires otherwise, for the purposes of this chapter, the following definitions apply:

     (a)  "bridge" "Bridge" includes rights-of-way or other interest in land, abutments, superstructures, piers, and approaches except dirt fills;.

     (b)  "county "County road" means:

     (i)  a road that is petitioned by freeholders, approved by resolution, and opened by a board of county commissioners in accordance with this title;

     (ii) a road that is dedicated for public use in the county and approved by resolution by a board of county commissioners; or

     (iii) a road that has been acquired by eminent domain pursuant to Title 70, chapter 30, and accepted by resolution as a county road by a board of county commissioners; or

     (iv) a road that has been gained by the county in an exchange with the state as provided in 60-4-201.

     (3)  (a) Following a public hearing, a board of county commissioners may accept by resolution a road that has not previously been considered a county road but that has been laid out, constructed, and maintained with state department of transportation or county funds.

     (b)  A survey is not required of an existing county road that is accepted by resolution by a board of county commissioners.

     (c)  A road that is abandoned by the state may be designated as a county road upon the acceptance and approval by resolution of a board of county commissioners."

 

     Section 2.  Section 60-4-201, MCA, is amended to read:

     "60-4-201.  Exchange of interest in real property. (1) The department may determine that an interest in real property, however acquired by it, is no longer necessary to the laying out, altering, construction, improvement, or maintenance of a highway. Except as provided in 60-4-213 through 60-4-218, the department may then exchange the interest, either as entire or partial consideration, for any other interest in real property needed for highway purposes. The department may establish the manner and terms and conditions for the exchange.

     (2)  Except as provided in 60-4-213 through 60-4-218, prior to making the exchange, the department shall notify all landowners whose property is adjacent to the land proposed for exchange. If any of the landowners are interested in buying the land proposed for exchange, the landowners shall notify the department of their interest by registered letter within 30 days of the receipt of the notice of exchange from the department. Upon receipt of a notice of interest, the department shall offer the land proposed for exchange for sale as provided in 60-4-202 and 60-4-203.

     (3) The department may enter into an arrangement for exchange solely with a municipality or county for an interest in real property that is a public right-of-way used for transportation purposes. The department may transfer the interest to the municipality or county in exchange for the municipality or county assuming full interest and maintenance authority upon the following conditions:

     (a) the real property must be maintained as a public right-of-way for transportation purposes; and

     (b) no portion of the interest may be sold to or exchanged with private entities."

- END -

 


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