Staff Analysis of the Legislation
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This legislation allows counties, when abandoning a road in a subdivision with a homeowners' association, to provide notice to the homeowners' association on the proposed abandonment, rather than the adjoining property owners. The homeowners' association could then exercise the option to buy the abandoned road back from the county. This legislation was amended in committee to provide for all municipal corporations formed on or after April 15, 2005 to assume the ownership, control, care, and maintenance of county road rights of way within the municipal jurisdiction unless agreed to otherwise by joint agreement between the county and municipal corporation.
County Impact: This legislation will make it easier for a county to dispose of and/or abandon a public road within a subdivision by only requiring notice to the homeowner's association.
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