Filed Under (Idaho, News) by Jason Ford on October-6-2008

A northern Idaho lawmaker objects to the state Transportation Department’s plans to turn over an abandoned stretch of U.S. Highway 95 to the Coeur d’Alene Tribe.

The dispute centers on a four-mile stretch of highway near Worley that state officials say won’t be needed when construction on a new section wraps up next summer. Under an agreement with the tribe, the agency intends to hand over the road after paying $200,000 to resurface it rather than tearing it up and paying to restore it to its natural state.

However, Rep. Dick Harwood, R-St. Maries, contends the state has no authority to give abandoned roadways to tribes, and says state code makes highway districts, a county or city the only legal options. Harwood also says it’s an insult to taxpayers to pay money to resurface a road destined for the tribe, especially at a time the state is struggling for money to improve its roads and bridges. Instead, he suggests turning over the road to the highway district, which could then sell it to the tribe.

Transportation officials disagree with Harwood’s interpretation of the law and say it’s not uncommon for the state to pay for improvements before relinquishing control over a road.

The land under the stretch of highway is owned by the tribe. (AP)



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