Summary of HB08-1343
Short Title: Nongovernmental Transport Dev Limits

Sponsors: Stafford/Wiens

Prohibits a private toll road or toll highway company (company) from specifying and mapping a transportation corridor in its filed formation document, and voids any 3-mile corridor specified and mapped in a filed formation document filed before the effective date of the act. Allows a company to construct a toll road or toll highway only pursuant to a public-private initiative and in accordance with the terms and conditions specified in a public-private initiative agreement (agreement) entered into by the company and the department of transportation (department). Requires specified provisions, including provisions that clarify that existing planning, right-of-way acquisition, project review, and environmental requirements continue to apply to toll roads or toll highways to be constructed by companies pursuant to public-private initiatives and subject to terms and conditions of agreements, to be included in agreements. Specifies that the provisions of the act describing agreements shall not be deemed to require the department to agree to enter into an agreement or to require a metropolitan planning organization, a regional planning commission, or the transportation commission to include any toll road or toll highway in a regional transportation plan or in the statewide transportation plan. Eliminates the existing statutory requirements that a company send notice of its intent to construct a toll road, toll highway, or toll road or toll highway project (notice) to the county clerk and recorder of each county that includes territory within the 3-mile corridor in which the company intends to construct the road, highway, or project and that the county clerk and recorder record the notice, retaining only the existing statutory requirement that notice be mailed to each property owner within the corridor. Prohibits a company from filing with any county clerk and recorder either the notice or the disclaimer of interest and map currently required to be filed. Declares that a disclaimer of interest, map, or notice properly authorized and legally filed or recorded by a company before the effective date of the act is void and of no effect. Specifies that the voiding of a disclaimer of interest, map, or notice conclusively establishes that the disclaimer of interest, map, or notice does not affect the title to any property or have any other legal effect. Requires a title insurance company to exclude a void disclaimer of interest, map, or notice from any documents it prepares after the effective date of the act. Prohibits a corporation formed for the purposes of constructing a railroad line from exercising the power of eminent domain unless:
* The corporation was operating rolling stock, carrying passengers or property, and maintaining track on the effective date of the act; or
* The real estate, right-of-way, or easement or other right condemned is necessary solely for the construction of a light rail system. Defines terms. Makes conforming amendments.


Status
02/18/2008 Introduced In House - Assigned to Transportation & Energy
03/04/2008 House Committee on Transportation & Energy Witness Testimony and/or Committee Discussion Only
03/20/2008 House Committee on Transportation & Energy Witness Testimony and/or Committee Discussion Only
04/01/2008 House Committee on Transportation & Energy Postpone Indefinitely

Fiscal Notes Status

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