Sub. H.B. 318

127th General Assembly

(S. Highways & Transportation)

In regard to a road being ineligible to be placed on nonmaintained status: (1) specifies that a road is considered passable if a passenger motor vehicle can be driven on it year-round and removes seasonal conditions caused by weather-related events from consideration of whether the road is passable year-round and (2) requires that an ineligible road must be both the exclusive means for obtaining access to adjoining land and be passable year-round, rather than either the exclusive means of access or passable year-round as in the version passed by the House.

Specifies two additional situations under which the nonmaintained status of a road may be terminated: (1) except in regard to roads that, prior to being placed on nonmaintained status, were not certified as part of the local roads for purposes of distribution of motor vehicle registration fees (known as "paper" roads), allows a landowner to upgrade a road to standards most recently certified by the county engineer and then requires the applicable board to terminate the nonmaintained status and (2) for roads placed on nonmaintained status prior to the effective date of the bill, allows adjoining landowners, and landowners who use an easement that provides the only access to the land, to petition for termination of the nonmaintained status and requires the applicable board to terminate the nonmaintained status upon finding that the road provides the exclusive means for obtaining access to the land.

Exempts proceedings to vacate a road from the requirement that a board of county commissioners must act in accordance with real property appropriation procedures at its final hearing on a public road improvement.

Replaces the term "lane" miles with the term "centerline" miles for purposes of calculating a township's proportionate share of one part of the motor vehicle fuel tax.

H0318-127.doc/ar 12/09/2008