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BILL AS INTRODUCED 2007-2008

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H.111

Introduced by Representatives Minter of Waterbury, Westman of Cambridge, Hutchinson of Randolph, Obuchowski of Rockingham and O'Donnell of Vernon

Referred to Committee on

Date:

Subject:  Highways; town highways; unidentified corridors

Statement of purpose:  This bill proposes to delay by two years the dates by which a town highway which is not clearly observable becomes classified as an unidentified corridor and the date by which an unidentified corridor will be discontinued unless it appears on a town highway map.

AN ACT RELATING TO UNIDENTIFIED CORRIDORS

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  19 V.S.A. § 302(a) is amended to read:

(a)  For the purposes of this section and receiving state aid, all town highways shall be categorized into one or another of the following classes:

* * *

(6)  Unidentified corridors.

(A)  Unidentified corridors are town highways that:

(i)  have been laid out as highways by proper authority through the process provided by law at the time they were created or by dedication and acceptance; and

(ii)  do not, as of July 1, 2009 2011, appear on the town highway map prepared pursuant to section 305 of this title; and

(iii)  are not otherwise clearly observable by physical evidence of their use as a highway or trail; and

(iv)  are not legal trails.

* * *

(G)  After July 1, 2015 2017, an unidentified corridor shall be discontinued, and the right-of-way shall belong to the owner of the adjoining land.  If the right-of-way is located between the lands of two different owners, it shall be returned to the lots to which it originally belonged, if they can be determined; if not, it shall be equally divided between the owners of the lands on each side.

* * *

(7)  Reclassification of unidentified corridors.  On or by July 1, 2015 2017 and pursuant to subchapter 2 of chapter 7 of this title, an unidentified corridor may be reclassified as a class 1, 2, 3, or 4 highway or as a trail.


Sec. 2.  19 V.S.A. § 305 is amended to read:

§ 305.  MEASUREMENT AND INSPECTION

* * *

(c)  All class 1, 2, 3, and 4 town highways and trails shall appear on the town highway maps by July 1, 2015 2017.

* * *

(h)  Notwithstanding the provisions of subchapter 7 of chapter 7 of this title, on or before July 1, 2009 2011, a municipality’s legislative body may vote to discontinue all town highways that are not included as such on the sworn certificate of the description and measurement of town highways filed with the town clerk on February 10 of that year pursuant to subsection (b) of this section.  For the purposes of this section, a town highway shall be deemed to be included on the sworn certificate of the description and measurement of town highways if:

* * *

Sec. 3.  Sec. 11 of No. 178 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 11.  TRANSITIONAL PROVISIONS

To ensure that all of its class 1, 2, 3, and 4 town highways and trails appear on the town highway map by July 1, 2015 2017, a municipality shall submit its requested changes with supporting documentation to the agency of transportation by March 15, 2014 2016.  On or before September 1, 2014 2016, the agency of transportation shall provide each municipality which has requested changes with a proof copy of the proposed new town highway map.  On or before December 31, 2014 2016, a municipality shall notify the agency of transportation of any apparent errors or omissions in the proof copy of the proposed new town highway map.

Sec. 4.  Sec. 13 of No. 178 of the Acts of the 2005 Adj. Sess. (2006) is amended to read:

Sec. 13.  SUNSET

24 V.S.A. § 4306(b)(3) (disbursements from municipal and regional planning fund for the researching and mapping of town highways, trails, and unidentified corridors) and Sec. 12 of this act (agency reports) are repealed on July 2, 2012 2014.

Sec. 5.  APPROPRIATION

The amount of $400,000.00 is transferred from the general fund in fiscal year 2008 to the municipal and regional planning fund to be used exclusively for grants to municipalities to research and map town highways, trails, and unidentified corridors under subdivisions 302(a)(6) and (7) of Title 19.



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us