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State lawmakers advanced a bill Tuesday that seeks to protect public access to Idaho’s lands and waters if a local government decides to vacate a roadway.
If a public right-of-way provides access to state lands or waters, Senate Bill 1258 would require counties and highway districts to obtain equivalent replacement access for the public before deciding to vacate it.
A First District Court judge has affirmed Bonner County commissioners' vacation of Camp Bay Road.
The ruling could potentially put an end to a several-year debate over public access to Lake Pend Oreille via Camp Bay Road.
In the 18-page ruling, District Judge Cynthia Meyer found the BOCC's vacation of the road met Idaho Code, that due process was not violated, and there was insufficient evidence to show bias on the board's part. Meyer also found the board's decision was in the public's interest because it guarantees public access to the lake on a pathway being created by M3 ID Camp Bay LLC.
In 1909, when the road was constructed at public expense, only two people lived at the lake end of the road, our great-grandmother and our grandfather. Instead of ending at the property line, the road continued across their private property for about a quarter mile. This expenditure of public money for a road through private property had to be done for a purpose beneficial to the public. There was nothing at the end of the road of benefit to the public in 1909 except access to the lake. Transportation at that time for people, freight, and mail was by steamboat to other ports such as Sandpoint, Hope, and Bayview.