HomeMy WebLinkAbout10-11 ACHD Comments
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John S. Franden, President
Sherry R. Huber, 1st VIce President
Dave Bivens, 2nd Vice President
Carol A. McKee, Commissioner
Rebecca W. Arnold, Commissioner
September 20, 2005
RECEI\lED
Mr. Winston Moore
P.O. Box 8204
Boise, Idaho 83707
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City of Meridi~n
City Clerk office
Dear Winston:
As you are aware, the Idaho Department of Transportation (ITD) has questioned Ada County
Highway District's (ACHD) ownership of a portion of Eagle Road between Overland Road and the
southern off-ramp to Interstate 84 at Eagle Road. This is the area that ACHD granted right-in-only
access to you for your Grandview Subdivision project.
In addition, ACHD is processing a vacation of right-of-way along Eagle Road for incorporation into
that subdivision. A decision by our Commission regarding this vacation should be reached by the
end of September.
ITD is claiming that in 1987 when the road was transferred to ACHD that certain 'restrictions' or
'conditions' were part of that transfer. The restriction that limited access is at the center of their
argument and concern. lID is claiming that the transfer included this restriction and that no access
can be pennitted. ACHD does not agree with ITD and asserts that when the road was transferred to
us, the road was incorporated into our highway system jurisdiction without restrictions.
ACHD has accepted a number of roads from ITD in a similar fashion over the past 30+ years, all of
which we have incorporated into our system and operated under our rules, regulations, policies,
procedures and standards and not subject to any ITD rules, regulations or conditions. We have been
given this exclusive jurisdiction including all of our authority by Idaho Law. When we accept a
road, we accept it with exclusive jurisdiction over that road. What this means is that once a road is
transferred to us, any previous conditions such as access control imposed by the State are
extinguished and it becomes subject to ACHD's exclusive control. In this particular case, we do not
recognize ITD's claim to access control along this portion of Eagle Road.
We are hopeful that ITD will re-examine their position on this matter and remove their objection. If
not, we are prepared to vigorously defend our position through whatever legal or administrative
avenues are necessary. In the latest correspondence from ITD on this issue, they made an overture
indicating that they would be willing to provide access if it were to be purchased.
First and foremost, let me assure you that we will continue to assert our ownership and exclusive
jurisdiction over this portion of Eagle Road. Weare confident that we will be successful with that
argument at both the administrative level and at the legal level. If not, we will pursue purchasing the
Ada County Highway District. 3775 Adams Street. Garden City, 10 . 83714 . PH 208 387-6100 . FX 345-7650 . www.achd.ada.id.us
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access from ITD to fulfill our commitment to you. In either case, we are prepared to defend and
provide the access we previously granted and authorized for your Grandview Subdivision þroject.
As you and I have discussed, the intent of this letter is to reaffirm our commitment to you. Please
reassure your clients that ACHD is detennined to stand by its actions and previous commitments,
including our ownership and exclusive jurisdiction over that portion of Eagle Road which includes
the access we previously granted to you.
I will keep you apprised of the situation.
Sincerely,
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William J. Sc eitzer I'
Director
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cc: Steven B. Price, General Counsel