Toll road issue poses legal questions

Though there is no law that specifically allows Storey County to turn Six Mile Canyon into a toll road, there's no law that prohibits it either.

Storey County Commissioner Greg "Bum" Hess has advocated a toll for Six Mile Canyon Road for several years, believing that those who use the road most should pay for its upkeep. Six Mile Canyon has become an important route for Lyon County residents heading to jobs in Reno, and if a toll is enacted, it would be the first in Nevada since the late 1880s.

Nevada Department of Transportation spokesman Scott Magruder said no toll roads operate in the state today.

Commissioners approved a first reading of a toll road amendment designed for Six Mile Canyon Road on June 1, then sent it to the county's insurance carrier for more scrutiny and a legal opinion. The issue is still in the hands of the insurance carrier, but county officials opened the road June 21 without a toll.

The road was closed New Year's Eve after heavy rains cause flooding and severe damage. Many Lyon County residents are unhappy about the closure and the proposed toll.

"This isn't the wild, wild West anymore," said Tom Green of Dayton. "You can't just sit there and inhibit commerce because someone wants to. By taking that position, they feel that they're at war with Lyon County."

Joe Ward, of the U.S. Attorney's Office, cited a section of the Nevada Constitution - Article 4, Section 20 - that prohibits counties from passing ordinances that contradict state laws:

"... nothing in this section shall be construed to deny or restrict the power of the Legislature to establish and regulate ... the rates of freight, passage, toll, and charges of railroads, toll roads, ditch, flume, and tunnel companies ...."

"Although (creating a toll road) is not expressly prohibited, this indicates that a county must get the approval of the Legislature," Ward said.

Storey County District Attorney Harold Swafford agreed. "We have to get permission from the state," he said, adding that toll roads are popular in other parts of the country because they are paid for by the people who use them.

Swafford said he would like to see the Legislature hold hearings on the issue to look at all the angles.

Swafford also expressed concern about another legal issue: Liability.

"If we go into the toll road business, do we still get state immunity (from lawsuits)?" he asked, noting that counties enjoyed a $50,000 ceiling on liability claims for public roads. "But we have to see if we would still have that protection if we charge people to use the road."

• Contact reporter Karen Woodmansee at kwoodmansee@nevadaappeal.com or 882-2111 ext. 351.

What's next

• Insurance carrier review of toll ordinance

• Second reading and approval by Storey County Commissioners

• Legislative approval

On the Net

To read the Nevada Constitution, go to http://www.leg.state.nv.us/Const/NVConst.html