HB 1646 Modifies provisions of law relating to brush control on roads in certain counties

     Handler: Hegeman

Current Bill Summary

- Prepared by Senate Research -


HB 1646 - This act adds a reference to the existing voter approval requirements for imposing obligations on landowners to control brush on county rights of way and easements in certain counties, and specifies that the landowners shall prevent brush from interfering with vehicles traveling on the road.

Under the act, brush elimination costs charged against a parcel of land shall become due on the landowner's personal property tax assessment rather than becoming a lien on the land. The act specifies that notice by mail of brush elimination requirements may be given via any mail service with delivery tracking rather than only by certified mail.

This act provides that the county right of way or maintenance easement shall extend 15 feet from the center of the county road, or the distance set forth in the original conveyance, whichever is greater. In the event a county is required to obtain a land survey to enforce brush control provisions, the costs of the survey shall be divided evenly between the county and the landowner.

This act is identical to SB 657 (2018), and to provisions in SCS/HB 1442 (2018), SCS/HCS/HBs 2277 & 1983 (2018), HCB 23 (2018), HCS#2/SS/SB 704 (2018), and HCS#2/SS#2/SCS/SB 1050 (2018).

ERIC VANDER WEERD


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