Bill No.:                     HB0134                                 Drafter:  LNS

LSO No.:                   13LSO-0004                         Effective Date:  7/1/2013

Enrolled Act No.:    HEA0083

Chapter No.:            CH0099

Prime Sponsor:       Representative Brown

Catch Title:              Private roads.

Subject:                     Procedures for creating private roads.

Summary/Major Elements:

· Currently, applications for private roads must be filed with the board of county commissioners.  The county commissioners determine whether a private road is necessary.  The board may then certify further proceedings to the district court or may determine the route and damages itself.  If the board retains jurisdiction, the board appoints viewers and appraisers and determines the route and damages in light of the recommendations of the viewers and appraisers.

· Under this act, the district court, rather than the board of county commissioners, determines whether a private road is necessary.

· A private road proceeding is started by filing an action for a private road in district court.  If the court determines a private road is necessary, the court appoints viewers and appraisers to make recommendations.  The matter is then tried to the court, which determines the route and damages.