Colorado Legislative Council Staff
STATE and LOCAL
CONDITIONAL FISCAL NOTE
State and Local Expenditure Impact
Drafting Number: Prime Sponsor(s): |
LLS 98-085 Sen. Mutzebaugh Rep. Swenson |
Date: Bill Status: Fiscal Analyst: |
January 6, 1998 Senate Transportation Scott Nachtrieb (866-4752) |
TITLE: CONCERNING THE PERFORMANCE OF A FIELD SURVEY BY A PROFESSIONAL LAND SURVEYOR BEFORE RAILROAD TRACKS ARE REMOVED FROM ABANDONED RAILROAD RIGHTS-OF-WAY TO CREATE A LEGAL DESCRIPTION OF THE PROPERTY.
Summary of Legislation
The bill would eliminate the statutory requirement that a field survey be conducted by a professional land surveyor before railroad tracks can be removed from abandoned railroad rights-of-way if a legal description is not available and replace it with a requirement to provide a legal description sufficient to describe the property and any rights conveyed. The bill will become effective at 12:01 a.m. on the day following the ninety-day period after adjournment sine die of the General Assembly, or on the date of the official declaration of the vote of the people as proclaimed by the Governor, if a referendum petition is filed pursuant to Article V, Section 1 (3) of the State Constitution.
STATE FISCAL IMPACT SUMMARY |
FY 1998/99 |
FY 1999/00 |
State Revenues General Fund Other Fund |
|
|
State Expenditures Any State Fund |
Potential expenditure decrease |
|
FTE Position Change |
None |
None |
Local Government Impact — Potential expenditure decrease |
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State Expenditures
Under the current law, when a railroad is abandoned and there is no legal description available, the entity removing the tracks, be it the railroad company or the State, would be required to conduct a survey of the railroad right-of-way before the tracks could be removed. A railroad company could abandon a railroad right-of-way and determine that the cost of removing the tracks exceeded the benefits and leave the entities acquiring the right-of-way to remove or repair the tracks. If the State were to acquire the right-of-way with the tracks intact, and the state wanted to remove the tracks and utilize the right-of-way for other purposes, the State would be required to provide a legal description of the property and not a survey of the right-of-way. This bill would reduce potential future expenditures. Therefore, this bill is assessed as having a conditional expenditure savings for the State.
Local Government Impact
A local governmental entity would be impacted in the same manner as the State.
Spending Authority
No spending authority would be required for this bill.
Departments Contacted
Transportation
FACTS AND ASSUMPTIONS
Assumptions
1. That the State or local governmental entities will acquire an abandoned railroad right-of-way in the future that will have the tracks intact.
2. That the State or local governmental entities would utilize the right-of-way for other purposes and need to remove the railroad track.
3. That under current law the State or local governmental entities would be required to conduct a survey of an abandoned railroad right-of-way with the railroad tracks intact.