Bills › 90th General Assembly
Relating to notice of agency sales of unused highway right-of-way
Sponsored by the House Transportation (companion To Lsb 5361sv By Committee on Transportation) Committee
Where it is now
- Done: IntroducedJanuary 9, 2024
- Done: SubcommitteeJanuary 9, 2024
- Done: House committeeJanuary 24, 2024
- Done: Passes the HouseFebruary 22, 202472–23
- Done: Senate committeeMarch 14, 2024
- Done: Passes the SenateMarch 19, 202449–0
- Done: To the GovernorApril 19, 2024
- Done: Signed into lawApril 19, 2024
Signed into law What’s a funnel?
What’s in it
AI summary When a state agency sells unused highway land, it must notify the neighbors who used to own that property. Instead of only using certified mail, the agency can now hand-deliver these notices or use other mailing services that provide proof of delivery. Additionally, if the land is worth $50,000 or less, the Department of Transportation can use a market analysis to determine the price instead of hiring an independent appraiser.1
Read the official explanation
Current law authorizes an agency in control of unused highway right-of-way to sell the land. If the agency does so, the agency is required to send notice of the agency’s intent to sell the land to the last known address of the present owner of adjacent land from which the land was originally purchased or condemned for highway purposes, and to the person who owned the land at the time it was purchased or condemned for highway purposes. The notice must include the name and address of any other person to whom a notice was sent, and the fair market value of the real property based upon an appraisal by an independent appraiser. The agency must send such notice by certified mail. This bill strikes the certified mail requirement, and instead authorizes required notice to be hand-delivered or sent by verified mail. Hand-delivered notice is deemed delivered when the recipient signs an acknowledgment of delivery, while notice sent by verified mail is deemed delivered when the notice is deposited with the United States postal service (USPS) or private delivery service, and such notice is properly addressed with postage prepaid. As used in the bill, “verified mail” means any method of mailing offered by USPS or private delivery service that provides evidence of the mailing.22(2), and the determined fair market value is $50,000 or less.
House subcommittee
Named January 9, 2024 (as HSB 519). On January 11, 2024 it recommended passage. Vote Total: 3-0.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
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90th General Assembly