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The above 'egroup' is an
email type bulletin-board in which only members receive email from other
members of Palominas yahoo Group. You use your existing address. I am also a
member other egroups and
this is a good way to exchange news and get
questions answered or discussed.
QUESTIONS, ANSWERS AND
|Sent in by Tommy
Stoner on April 10, 2001:
The following is an extract from the Arizona Revised Statutes.
Anyone wishing to charge a toll for the use of a road may want to read
these carefully, especially section 28-6805.D-2.
I find it interesting that there is a limit of 10 years on any such
road, renewable only once. I also find it interesting that it must
approved by the County Board of Supervisors, and the Board of
Supervisors sets the rates. Another interesting point is the
of the roadway necessary.
What I did not find is a way to take an existing road and make into a
This issue does not affect me personally, but I thought that I would
put this information out so our community will be informed.
It appears to me that if anyone decides to charge a "nominal
the use of any road, there is a bit more to it than just putting up a
gate and collecting the "nominal fee."
It appears that a road must be either totally closed or it will fall
into this category, even if the toll is included in a homeowners dues.
A toll is a toll no matter how one decides to collect it.
>From a different perspective, closing a certain road may decrease
population growth. Some might be happy for that. It might
worth the inconvenience of driving a few more miles each day.
At any rate, it will be an interesting bit of history to add to my
28-6801. Definition of toll road
For the purposes of this article, "toll road" includes trails
passage of saddle and pack animals and foot passengers, as well as
roads designed for the passage of vehicles, if the trails have been
built in mountainous or precipitous places or in other places where
the building of roads for the passage of vehicles would be
28-6802. Toll road construction; notice; application; hearing
A. A person who desires to construct a toll road, bridge or ferry
within one or more counties shall publish a notice in a newspaper that
is published in each county, once each week for six successive weeks.
The notice shall state:
1. The type and character of the road.
2. The terminals.
3. The general route and each city, town or village through which
construction is proposed.
4. The time when the application required by this section shall be
made, which shall not be more than ten days after the last publication
of the notice.
B. On the day specified in the notice, written application shall be
made to the respective boards of supervisors of the counties for
authority to take the necessary land and construct the road described
in the notice. The application shall be in triplicate, and each copy
shall be accompanied by:
1. An engineer's plat of the route of the proposed road showing the
proposed centerline and right-of-way lines and giving engineer's
stations and ties to legal subdivision lines of the regions traversed.
2. Proposed construction plans and details.
3. Estimates of cost.
C. When the application is filed with the clerk of the board of
supervisors, the clerk shall:
1. Immediately set the application for a hearing before the board of
supervisors at least fifteen but not more than thirty days after the
application is filed.
2. Forward a copy of the application, accompanying papers, instruments
and documents and notice of the date of the hearing by certified mail
to the highway commission.
3. Publish notice of the hearing one time at least ten days before the
day of the hearing in the same newspaper in which notice of the
application was published.
D. At the hearing, all persons interested may appear and be heard. The
board of supervisors may take testimony and adjourn the hearing.
28-6803. Application approval or rejection; effective date; franchise
term and reversion
A. If it appears to the board of supervisors that the public interest
will be promoted by the application provided in section 28-6802, it
may grant the application in whole or in part or as revised.
B. The board of supervisors shall not grant an application if either:
1. The highway commission files with the board of supervisors a
written statement that the proposed toll road will interfere with an
existing or proposed state highway or state route.
2. The proposed toll road will interfere with an existing or
contemplated county highway.
C. An order granting an application is not effective until a copy of
the order and an engineer's plat of the road approved in writing by
the board of supervisors is filed with the county recorder within
thirty days after the date the order is made.
D. A franchise for a toll road shall not be granted for a term of more
than ten years, subject to the right of extension for one additional
period of not more than ten years.
E. On expiration or forfeiture of a toll road franchise:
1. The ownership and all rights and privileges appurtenant to the
ownership vest in the county or counties in which it is located.
2. The board of supervisors may declare it a free highway or collect
28-6804. Toll road; interference prohibited
A toll road shall not interfere with a highway in general use by the
traveling public. If a toll road is established or if the prior right
to maintain it has been acquired, another toll road shall not be
constructed or maintained within one mile of either side of the road.
28-6805. Toll road; condemnation; construction; guideposts
A. Lands necessary for the construction of a toll road or
appurtenances to a toll road may be acquired by condemnation.
B. A toll road shall be laid out at least fifty feet wide. If the road
is a plank road, the track shall be constructed eighteen feet wide of
timber, plank or other hard material. If the toll road is a turnpike,
the track shall be bedded with stone, gravel or other hard material
found on the line of the track to the width of eighteen feet and faced
with broken stone or gravel. A common wagon road shall be graded at
least twelve feet in width and constructed with necessary
turnouts to permit vehicles to pass conveniently. The roads shall:
1. Be ditched on the sides if practicable.
2. Have proper and necessary drainage.
3. Be constructed so that vehicles may pass on and off the track at
intersections of roads.
C. Any tollgate, tollhouse or other building shall not be erected
within one hundred sixty-five feet of the front of any dwelling house,
barn or outhouse without the written consent of the owner. A toll road
shall not be constructed:
1. Within the limits of an incorporated city or town.
2. Through an orchard at least four years old so as to injure the
3. Through a garden that has been cultivated at least four years.
4. Through a dwelling house or yard or enclosure necessary to a
dwelling house without written consent of the owner.
D. There shall be a guidepost at every intersection of the toll road
and a public road. The guidepost shall indicate the name and direction
of the place to which the public road leads. The owner shall keep the
guidepost in good condition at all times, and if the owner fails to do
1. The owner's franchise may be forfeited on information in the nature
of quo warranto.
2. The owner is liable for damages sustained by parties passing over
28-6806. Toll road construction and completion
A. Construction of the toll road shall begin within thirty days after
the date of the order approving the application and shall continue
with all reasonable dispatch until completed.
B. When the road is completed, the owner of the franchise shall file
with the county recorder a certificate that the road is completed and
conforms to the requirements of law.
28-6807. Toll rates; violation; classification
A. When the certificate of completion is filed, tollgates may be
erected and tolls may be collected.
B. The board of supervisors shall fix and regulate the rates of tolls
for franchises granted under this article within the limits of its
county, giving due regard to the cost of construction, magnitude of
the structure and expenses incidental to the toll road and
maintenance. The rates may be changed after notice to the
owners and the public given by posting notice on the property and
after a hearing. The rates of tolls shall be printed or painted in a
plain and legible manner on a bulletin board posted at each tollgate
on the road.
C. A person who knowingly demands or collects a higher rate of toll
than fixed by the board is guilty of a class 2 misdemeanor.
D. If a person traveling on a toll road attempts to run by or go
around a tollgate established on a toll road with the intention of
avoiding the payment of the toll, the person is guilty of a petty
28-6808. State tax
The owner shall:
1. Keep an accurate account of the gross receipts and expenditures of
2. Make a quarterly report of the gross receipts and expenditures
under oath to the department of administration accompanied by two per
cent of the gross proceeds from the road that are deposited, pursuant
to sections 35-146 and 35-147, in the state general fund.