Bill Amendment: AZ HB2175 | 2015 | Fifty-second Legislature 1st Regular
Bill Title: Public rights-of-way; claims
Status: 2015-04-13 - Chapter 277 W/O [HB2175 Detail]
Download: Arizona-2015-HB2175-HOUSE_PROPOSED_AMENDMENT_Federalism_and_States_Rights.html
Fifty-second Legislature FSR
First Regular Session H.B. 2175
PROPOSED
HOUSE OF REPRESENTATIVES AMENDMENTS TO H.B. 2175
(Reference to printed bill)
Page 1, line 4, strike "over" insert "across"
Line 10, after "repeal" insert ", by authority of the department of the interior and related agencies appropriations act, 1997, section 108, enacted by the omnibus consolidated appropriations act, 1997 (P.L. 104‑208; 110 Stat. 3009)"; after "rights‑of‑way" insert "across public lands"
Line 17, strike the second "the" insert "a legally described"; after "right‑of‑way" insert "across public lands"
Line 18, strike "road system or a"; strike ", description"
Line 22, strike "construct" insert "widen"
Lines 26, 32 and 35, after "right‑of‑way" insert "across public lands"
Line 40, in both places after "right‑of‑way" insert "across public lands"
Lines 42 and 44, after "right‑of‑way" insert "across public lands"
Page 2, lines 2, 4, 9 and 13, after "right‑of‑way" insert "across public lands"
Between lines 13 and 14, insert:
"5. A revised statute 2477 right‑of‑way across public lands shall be closed only by order of a court of competent jurisdiction or the proper completion of an administrative process established for the abandonment, maintenance, construction or vacation of a public right‑of‑way otherwise allowed by law."
After line 18, insert:
"G. This section does not:
1. Apply to any revised statute 2477 right‑of‑way across private property.
2. Impair, modify or otherwise affect any private property rights in effect on the effective date of this section. Any claim, determination or identification of a right‑of‑way across public lands pursuant to this section does not establish prior rights for determining financial or legal responsibility for taking any private property rights, in whole or in part. All presumptions and interpretations of fact and law relating to a claim, determination or identification of a right‑of‑way across public lands pursuant to this section shall be in favor of preserving private property rights.
Sec. 2. Emergency
This act is an emergency measure that is necessary to preserve the public peace, health or safety and is operative immediately as provided by law."
Amend title to conform
Mark Finchem |
2175 mf
02/06/2015
4:06 PM
C: ld