HB0555 Luetkenhaus, Bill

P R E F I L E D

HB 555 -- Highway Corridors

This bill requires that whenever the Highway Commission has approved the location of a highway corridor, it may file a certified copy of a corridor map with each regulatory authority having jurisdiction over any land within the highway corridor and with the recorder of deeds of any county where the corridor is located. Prior to filing a corridor map the commission must conduct a public hearing. All owners of property crossed or within the corridor must be notified within 30 days of the hearing.

Local regulatory authorities within a corridor must notify the commission of any request for building permits, zoning changes, subdivision plats, or modification of existing setback lines.

A city or county regulatory authority cannot approve any application or request concerning property within a corridor for a 60 day period without the concurrence of the commission. The commission within the 60 day period may:

(1) Concur in the application or request;

(2) Recommend the approval of the application or request be conditioned upon certain modification or limits set forth; or

(3) Give notice of probable intent to acquire the whole or any part of any property within the corridor.

The regulatory authority is free to act upon a request if the commission concurs in the request. If the commission recommends an approval be conditioned upon specified modifications or limits, either the regulatory authority or the applicant property owner may reject the conditions. A written notice of rejection must be sent to the commission by personal delivery or certified mail. If the conditions requested by the commission are rejected, the commission is deemed to have given notice of probable intent to acquire the whole or any part of the subject property within the corridor as of the date of receipt of the rejection. If the commission does not concur in the request and determines that it may wish to acquire any or all of the property, then the commission must serve written notice on the regulatory authority and the property owner within the 60 day period. The regulatory authority will take no action on a request where the commission gives notice of intent to acquire the property. However, if the commission does not acquire the property within 180 days, the regulatory authority will be free to act upon the pending request.

The bill provides for legal remedies for violations.