SENATE BILL NO. 1433

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S1433......................................................by STATE AFFAIRS
EMINENT DOMAIN - Adds to existing law relating to relocation assistance and
eminent domain to provide limitation on compensable damages, relocation
assistance and its application to all condemners, except for application of
Chapter 20, Title 40, Idaho Code, to relocation payments and relocation
advisory assistance for persons displaced because of any highway program or
for the performance of any highway project; to provide legislative findings
on relocation aid for persons displaced by public programs; to provide
definitions of "condemner" or "condemning authority" and "displaced
person"; to authorize relocation advisory assistance; to provide that any
condemner may establish a local relocation advisory assistance office; to
provide for compensation of relocation expense and compensation options; to
provide limits to define "average annual net earnings"; to provide purchase
assistance to relocating owner-occupant and lease or down payment
assistance to relocating tenant; to provide for housing replacement; to
provide compensation for miscellaneous expenses; to provide for computation
of replacement housing payment during condemnation proceedings and for
adjustment after judgment; to provide that relocation payments are not
income; to provide for review of eligibility determinations; to provide
that eminent domain damages are unaffected; to authorize relocation
assistance and payments to persons displaced by a project or activity which
is subject to the provisions of the federal Uniform Relocation Assistance
Real Property Acquisition Policies Act; and to provide for awarding costs
and attorney's fees.
                                                                        
03/07    Senate intro - 1st rdg - to printing
03/08    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1433
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO RELOCATION ASSISTANCE AND  EMINENT  DOMAIN;  AMENDING  CHAPTER  7,
  3        TITLE  7,  IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-722, IDAHO CODE,
  4        TO PROVIDE LIMITATION ON COMPENSABLE DAMAGES,  RELOCATION  ASSISTANCE  AND
  5        APPLICATION TO ALL CONDEMNERS, EXCEPT FOR APPLICATION OF CHAPTER 20, TITLE
  6        40,  IDAHO CODE, TO RELOCATION PAYMENTS AND RELOCATION ADVISORY ASSISTANCE
  7        FOR PERSONS DISPLACED BECAUSE OF ANY HIGHWAY PROGRAM OR  FOR  THE  PERFOR-
  8        MANCE  OF ANY HIGHWAY PROJECT; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY
  9        THE ADDITION OF A NEW SECTION 7-724, IDAHO CODE,  TO  PROVIDE  LEGISLATIVE
 10        FINDINGS ON RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS AND TO
 11        PROVIDE   DEFINITIONS   OF   "CONDEMNER"  OR  "CONDEMNING  AUTHORITY"  AND
 12        "DISPLACED PERSON"; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE  ADDI-
 13        TION  OF A NEW SECTION 7-725, IDAHO CODE, TO AUTHORIZE RELOCATION ADVISORY
 14        ASSISTANCE; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF  A
 15        NEW SECTION 7-726, IDAHO CODE, TO PROVIDE THAT ANY CONDEMNER MAY ESTABLISH
 16        A  LOCAL  RELOCATION ADVISORY ASSISTANCE OFFICE; AMENDING CHAPTER 7, TITLE
 17        7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-727, IDAHO CODE, TO PRO-
 18        VIDE FOR COMPENSATION OF RELOCATION EXPENSE AND COMPENSATION  OPTIONS,  TO
 19        PROVIDE LIMITS AND TO DEFINE "AVERAGE ANNUAL NET EARNINGS"; AMENDING CHAP-
 20        TER  7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-728, IDAHO
 21        CODE, TO PROVIDE PURCHASE  ASSISTANCE  TO  RELOCATING  OWNER-OCCUPANT  AND
 22        LEASE OR DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT; AMENDING CHAPTER 7,
 23        TITLE  7,  IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-729, IDAHO CODE,
 24        TO PROVIDE FOR HOUSING REPLACEMENT; AMENDING CHAPTER  7,  TITLE  7,  IDAHO
 25        CODE,  BY THE ADDITION OF A NEW SECTION 7-730, IDAHO CODE, TO PROVIDE COM-
 26        PENSATION FOR MISCELLANEOUS EXPENSES; AMENDING CHAPTER 7, TITLE  7,  IDAHO
 27        CODE,  BY  THE ADDITION OF A NEW SECTION 7-731, IDAHO CODE, TO PROVIDE FOR
 28        COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEMNATION PROCEEDINGS
 29        AND FOR ADJUSTMENT AFTER JUDGMENT; AMENDING  CHAPTER  7,  TITLE  7,  IDAHO
 30        CODE,  BY THE ADDITION OF A NEW SECTION 7-732, IDAHO CODE, TO PROVIDE THAT
 31        RELOCATION PAYMENTS ARE NOT INCOME; AMENDING CHAPTER  7,  TITLE  7,  IDAHO
 32        CODE,  BY  THE ADDITION OF A NEW SECTION 7-733, IDAHO CODE, TO PROVIDE FOR
 33        REVIEW OF ELIGIBILITY DETERMINATIONS; AMENDING CHAPTER 7, TITLE  7,  IDAHO
 34        CODE,  BY THE ADDITION OF A NEW SECTION 7-734, IDAHO CODE, TO PROVIDE THAT
 35        EMINENT DOMAIN DAMAGES ARE UNAFFECTED; AMENDING CHAPTER 7, TITLE 7,  IDAHO
 36        CODE,  BY  THE  ADDITION  OF A NEW SECTION 7-735, IDAHO CODE, TO AUTHORIZE
 37        RELOCATION ASSISTANCE AND PAYMENTS TO PERSONS DISPLACED BY  A  PROJECT  OR
 38        ACTIVITY WHICH IS SUBJECT TO THE PROVISIONS OF THE FEDERAL UNIFORM RELOCA-
 39        TION ASSISTANCE REAL PROPERTY ACQUISITION POLICIES ACT; AND AMENDING CHAP-
 40        TER  7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-736, IDAHO
 41        CODE, TO PROVIDE FOR AWARDING COSTS AND ATTORNEY'S FEES.
                                                                        
 42    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 43        SECTION 1.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
 44    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
                                                                        
                                           2
                                                                        
  1    ignated as Section 7-722, Idaho Code, and to read as follows:
                                                                        
  2        7-722.  RELOCATION ASSISTANCE. The relocation and reestablishment of  per-
  3    sons, families, businesses, farmers and nonprofit organizations displaced as a
  4    result  of  any exercise of the power of eminent domain shall not give rise to
  5    additional damages compensable under this  chapter.  Relocation  payments  and
  6    relocation  advisory assistance shall be provided to  all persons so displaced
  7    in accordance with the terms and provisions of sections 7-724  through  7-736,
  8    Idaho  Code,  except  that  such  relocation  payments and relocation advisory
  9    assistance for persons displaced because of any highway  program  or  for  the
 10    performance  of  any highway project shall be in accordance with the terms and
 11    provisions of chapter 20, title 40, Idaho Code.
                                                                        
 12        SECTION 2.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
 13    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 14    ignated as Section 7-724, Idaho Code, and to read as follows:
                                                                        
 15        7-724.  RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS --  LEGIS-
 16    LATIVE  FINDING  --  DEFINITION.  (1)  The legislature finds and declares that
 17    the prompt and equitable relocation and reestablishment of persons,  families,
 18    businesses,  farmers, and nonprofit organizations displaced as a result of any
 19    state or local governmental program or project necessitating condemnation is a
 20    necessary purpose, is a cost of those programs and projects and  is  a  public
 21    purpose.  In  order  to ensure that individuals do not suffer disproportionate
 22    injuries as a result of programs designed for the benefit of the public  as  a
 23    whole,  the legislature declares that relocation payments and relocation advi-
 24    sory assistance shall be provided to all persons so  displaced  in  accordance
 25    with  the  terms  and  provisions  of  this section and sections 7-725 through
 26    7-736, Idaho Code.
 27        (2)  The legislature finds and declares that rent supplement  or  purchase
 28    assistance  payments  to  tenants  and relocation payments to owner-occupants,
 29    businesses, and farmers in accordance with the provisions of this chapter  are
 30    a  public  purpose and are necessary to enable all displaced persons to obtain
 31    decent, safe, and sanitary dwellings. The  legislature  further  declares  the
 32    provisions  of this section  and sections 7-725 through 7-736, Idaho Code, may
 33    be applied to all programs and projects.
 34        (3)  As used in this section and sections 7-725 through 7-736, Idaho Code:
 35    a result of a written order of a condemner to vacate other real  property,  on
 36    which  a person conducts a business or farm operation, for a public program or
 37    project necessitating condemnation.
 38        (a)  "Condemner" or "condemning authority" means the state of Idaho or any
 39        department, agency or instrumentality of the state, or any county, munici-
 40        pality, or other political subdivision or local unit of government, public
 41        utility, school district, or any other governmental entity  authorized  by
 42        law to acquire real property by condemnation for a public use.
 43        (b)  "Displaced  person"  means  any  individual, family, business or farm
 44        operation which moves from real property or moves personal  property  from
 45        real  property acquired for a public program or project necessitating con-
 46        demnation, in whole or in part, or as the result of a written order  of  a
 47        condemner to vacate real property for a public program or project necessi-
 48        tating  condemnation, and, solely for the purposes of section 7-727, Idaho
 49        Code, as a result of a written order of a condemner to vacate  other  real
 50        property,  on  which a person conducts a business or farm operation, for a
 51        public program or project necessitating condemnation.
                                                                        
                                           3
                                                                        
  1        SECTION 3.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
  2    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  3    ignated as Section 7-725, Idaho Code, and to read as follows:
                                                                        
  4        7-725.  RELOCATION ADVISORY ASSISTANCE. Any condemner is authorized, as  a
  5    part of the cost of any program or project, to give relocation advisory assis-
  6    tance  to any individual, family, business or farm operation displaced because
  7    of the acquisition of real property for any public project. If  any  condemner
  8    determines that any person occupying property immediately adjacent to the real
  9    property  acquired  has been caused substantial economic injury because of the
 10    acquisition, it shall offer him relocation advisory services.
                                                                        
 11        SECTION 4.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
 12    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 13    ignated as Section 7-726, Idaho Code, and to read as follows:
                                                                        
 14        7-726.  LOCAL RELOCATION ADVISORY ASSISTANCE OFFICES. Any  condemner  may,
 15    as  a  part  of  the  cost of any public program or project, establish a local
 16    relocation advisory assistance office or agency to assist in obtaining reloca-
 17    tion facilities for individuals, families and businesses which  must  relocate
 18    because of the acquisition of real property for any project necessitating con-
 19    demnation.
                                                                        
 20        SECTION  5.  That  Chapter  7,  Title  7,  Idaho Code, be, and the same is
 21    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 22    ignated as Section 7-727, Idaho Code, and to read as follows:
                                                                        
 23        7-727.  RELOCATION  EXPENSE  -- COMPENSATION OPTIONS -- LIMIT OF COMPENSA-
 24    TION FOR BUSINESS OR FARM RELOCATIONS -- DEFINITION. (1) As a part of the cost
 25    of any public program or project, any condemner using  any  funds  for  public
 26    purposes  shall  compensate  a  displaced person for his actual and reasonable
 27    expense in moving himself,  family,  business  or  farm  operation,  including
 28    moving  personal  property,  and for any actual direct losses of tangible per-
 29    sonal property as the result of moving or discontinuing  a  business  or  farm
 30    operation,  but  not to exceed an amount equal to the reasonable expenses that
 31    would have been required to  relocate  the  property,  as  determined  by  the
 32    condemner,  and  for actual reasonable expenses in searching for a replacement
 33    business or farm. However, the compensation authorized  by  this  section  for
 34    actual  and  reasonable moving expenses, actual direct losses of tangible per-
 35    sonal property, and expenses in searching for a replacement farm  or  business
 36    shall  be  limited  to relocating a displaced person, family, business or farm
 37    operation within a reasonable distance from the location  previously  occupied
 38    and from which the displaced person has been required to move.
 39        (2)  Any  displaced  person who moves from a dwelling who elects to accept
 40    the payments authorized by this subsection in lieu of the payments  authorized
 41    by  subsection  (1)  of this section shall receive a moving expense allowance,
 42    determined  according  to  regulations  and  schedules  established   by   the
 43    condemner,  not to exceed three hundred dollars ($300), and in addition a dis-
 44    location allowance of two hundred dollars ($200).
 45        (3)  Any displaced person who moves or discontinues his business  or  farm
 46    operation  who  elects  to accept the payment authorized by this subsection in
 47    lieu of the payment authorized  by  subsection  (1)  of  this  section,  shall
 48    receive  a  fixed  relocation payment in an amount equal to the average annual
 49    net earnings of the business or farm operation, except that the payment  shall
 50    not  be less than two thousand five hundred dollars ($2,500) nor more than ten
                                                                        
                                           4
                                                                        
  1    thousand dollars ($10,000). In the case of a business,  no  payment  shall  be
  2    made under this subsection unless the condemner is satisfied that the business
  3    cannot be relocated without a substantial loss of patronage, and is not a part
  4    of  a  commercial  enterprise having at least one  (1) other establishment not
  5    being acquired which is engaged in the same or  similar business. In  addition
  6    to  the  other  requirements  of  this chapter, to be eligible for the payment
  7    authorized by this subsection, the business or farm operation  must  make  its
  8    financial  statements, accounting records, and state income tax returns avail-
  9    able to the condemner for audit for confidential use in determining  the  pay-
 10    ment  or  payments  authorized  by this subsection. Such financial statements,
 11    accounting records and state income tax returns shall be subject to disclosure
 12    according to chapter 3, title 9, Idaho Code.
 13        (4)  If any condemner determines that property, contiguous  with  property
 14    acquired,  owned or occupied by an individual, family, business or farm opera-
 15    tion, has been damaged as the result of a public program or project, it  shall
 16    offer the individual, family, business or farm operation the same compensation
 17    as  it  might  offer to a displaced person under subsection (1), (2) or (3) of
 18    this section and under sections 7-728 and 7-730, Idaho Code.
 19        (5)  As used in this section, "average annual net earnings" means one-half
 20    (1/2) of any net earnings of the business or farm operation,  before  federal,
 21    state  and  local  income  taxes, during the two (2) taxable years immediately
 22    preceding the taxable year in which the business or farm operation moves  from
 23    the  real property acquired for the project, or during any other period as the
 24    condemner determines to be more equitable for establishing the  earnings,  and
 25    includes any compensation paid by the business or farm operation to the owner,
 26    his  spouse,  or  his  dependents during the two (2) year period, or any other
 27    period as determined by the condemner.
                                                                        
 28        SECTION 6.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
 29    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 30    ignated as Section 7-728, Idaho Code, and to read as follows:
                                                                        
 31        7-728.  PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE OR  DOWN
 32    PAYMENT  ASSISTANCE  TO  RELOCATING  TENANT.  (1)  In addition to the payments
 33    authorized by section 7-727, Idaho Code, a condemner shall make a  payment  to
 34    the  owner of a dwelling, provided the dwelling has been owned and occupied by
 35    the owner for at least one hundred eighty (180) days prior to the first  writ-
 36    ten  offer  for  the acquisition of the property. The payment shall not exceed
 37    fifteen thousand dollars ($15,000) and shall be the amount, which, when  added
 38    to the acquisition payment, equals the reasonable cost required for a compara-
 39    ble  dwelling  determined  in  accordance  with  standards  established by the
 40    condemner to be suitable to accommodate the displaced owner. The payment shall
 41    be made only to a displaced owner who purchases and occupies a  dwelling  that
 42    meets  standards established by the condemner, not later than the end of a one
 43    (1) year period beginning on the date on which he received  final  payment  of
 44    all  costs of the acquired dwelling, or on the date on which he moves from the
 45    acquired dwelling, whichever is the later date. Payment under this  subsection
 46    will  include  an  amount  which  will compensate the displaced person for any
 47    increased interest costs which the person is required to pay for financing the
 48    acquisition of any comparable replacement dwelling. This amount will  be  paid
 49    only  if  the  dwelling acquired by the condemner was encumbered by a mortgage
 50    which was a valid lien on the dwelling for not less than  one  hundred  eighty
 51    (180)  days prior to the first written offer for the acquisition of the dwell-
 52    ing. The amount shall be equal to the excess in  the  aggregate  interest  and
 53    other  debt  service  costs of that amount of the principal of the mortgage on
                                                                        
                                           5
                                                                        
  1    the replacement dwelling which is equal to the unpaid balance of the  mortgage
  2    on  the  acquired  dwelling,  over  the  remainder term of the mortgage on the
  3    acquired dwelling, reduced to discounted  current value. The  discounted  rate
  4    shall  be  the prevailing interest rate paid on savings deposits by commercial
  5    banks in the general area in which the replacement dwelling is  located.  This
  6    amount shall also include reasonable expenses incurred by the displaced person
  7    for evidence of title, recording fees, and other closing costs incident to the
  8    purchase of the replacement dwelling, but shall not include prepaid expenses.
  9        (2)  In  addition to the payments authorized by section 7-727, Idaho Code,
 10    any condemner shall make a payment to any individual or family displaced  from
 11    any  dwelling  not  eligible to receive a payment under subsection (1) of this
 12    section, which dwelling was actually and lawfully occupied by  the  individual
 13    or  family  for at least ninety (90) days prior to the first written offer for
 14    the acquisition of the property. The payment, not to exceed four thousand dol-
 15    lars ($4,000), shall be the additional amount which is necessary to enable the
 16    individual or family to lease or rent for a period  not  to  exceed  four  (4)
 17    years,  or  to  make a down payment, including reasonable expenses incurred by
 18    the displaced person for evidence of title, recording fees, and other  closing
 19    costs incident to the purchase of a dwelling of standards adequate to accommo-
 20    date  the individual or family in areas not generally less desirable in regard
 21    to public utilities and public and commercial facilities, except that  if  the
 22    amount  exceeds  two  thousand dollars ($2,000), the person must equally match
 23    any payment in excess of two thousand dollars ($2,000),  in  making  the  down
 24    payment.
                                                                        
 25        SECTION  7.  That  Chapter  7,  Title  7,  Idaho Code, be, and the same is
 26    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 27    ignated as Section 7-729, Idaho Code, and to read as follows:
                                                                        
 28        7-729.  HOUSING  REPLACEMENT AS LAST RESORT. (1) If any federally-assisted
 29    program or project construction cannot commence because comparable replacement
 30    sale or rental housing is not available, and  the  condemner  determines  that
 31    housing cannot otherwise be made available, it may take action as is necessary
 32    or appropriate to provide housing by use of funds authorized for the project.
 33        (2)  No  displaced  person shall be required to move from his dwelling  on
 34    account of any federally-assisted program or project, unless the condemner  is
 35    satisfied  that  replacement housing is available to the person, within a rea-
 36    sonable period of time and at rents or prices within the  financial  means  of
 37    the  families  and  individuals  displaced, and reasonably accessible to their
 38    places of employment.
                                                                        
 39        SECTION 8.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
 40    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 41    ignated as Section 7-730, Idaho Code, and to read as follows:
                                                                        
 42        7-730.  COMPENSATION FOR MISCELLANEOUS EXPENSES. In  addition  to  amounts
 43    authorized  by  sections  7-724  through 7-736, Idaho Code, any condemner as a
 44    part of the cost of any public program or project, shall reimburse  the  owner
 45    of  real property acquired for a project for reasonable and necessary expenses
 46    incurred for:
 47        (1)  Recording fees, transfer taxes, and similar  expenses  incidental  to
 48    conveying the property;
 49        (2)  Penalty  costs  for  prepayment  of any mortgage entered into in good
 50    faith  encumbering the real property if the mortgage is on record or has  been
 51    filed  for  record under applicable state law on the date of final approval by
                                                                        
                                           6
                                                                        
  1    the condemner of the location of the project; and
  2        (3)  The pro rata share or portion of property taxes paid which are  allo-
  3    cable  to  a period subsequent to the date of vesting of title in the state or
  4    the effective date of possession of the real property by the condemner, which-
  5    ever is earlier.
                                                                        
  6        SECTION 9.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 7-731, Idaho Code, and to read as follows:
                                                                        
  9        7-731.  COMPUTATION OF REPLACEMENT  HOUSING  PAYMENT  DURING  CONDEMNATION
 10    PROCEEDINGS  -- ADJUSTMENT AFTER JUDGMENT. In the event an acquisition payment
 11    to an owner-occupant for a dwelling cannot be finally determined because  con-
 12    demnation  proceedings  may  become necessary or are pending against the prop-
 13    erty, the replacement housing payment authorized by  section  7-728(1),  Idaho
 14    Code,  shall be made and computed as though the maximum offer of the condemner
 15    for the property is the actual acquisition payment. In  the  event  the  final
 16    award  and  judgment  rendered  in  the  condemnation  proceedings exceeds the
 17    condemner's highest offer, any difference between the offer and  the  judgment
 18    shall  be deducted from the replacement housing payment, but in no event shall
 19    the judgment be reduced by more than the amount  of  the  replacement  housing
 20    payment.
                                                                        
 21        SECTION  10.  That  Chapter  7,  Title  7, Idaho Code, be, and the same is
 22    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 23    ignated as Section 7-732, Idaho Code, and to read as follows:
                                                                        
 24        7-732.  RELOCATION PAYMENTS NOT INCOME. No payment received under sections
 25    7-724  through  7-736,  Idaho Code, shall be considered as income for the pur-
 26    poses of the state personal income tax law or state corporation tax  law,  nor
 27    shall  the  payments  be considered as income or resources to any recipient of
 28    public assistance and the payments shall not be deducted from  the  amount  of
 29    aid  to which the recipient would otherwise be entitled under the state public
 30    assistance laws, nor shall the payments be considered as income  or  resources
 31    for the purpose of determining the eligibility or the extent of eligibility of
 32    any persons for public assistance.
                                                                        
 33        SECTION  11.  That  Chapter  7,  Title  7, Idaho Code, be, and the same is
 34    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 35    ignated as Section 7-733, Idaho Code, and to read as follows:
                                                                        
 36        7-733.  REVIEW  OF  DETERMINATIONS.  Any  displaced  person aggrieved by a
 37    determination as to the eligibility for a payment authorized by sections 7-724
 38    through 7-736, Idaho Code, or the amount of the payment, may have his applica-
 39    tion reviewed. Proceedings for review of any action  taken  by  the  condemner
 40    pursuant  to  this section shall be instituted under the provisions of chapter
 41    52, title 67, Idaho Code.
                                                                        
 42        SECTION 12.  That Chapter 7, Title 7, Idaho Code,  be,  and  the  same  is
 43    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 44    ignated as Section 7-734, Idaho Code, and to read as follows:
                                                                        
 45        7-734.  EMINENT DOMAIN DAMAGES UNAFFECTED. Nothing contained in this chap-
 46    ter shall be construed as creating, in any  condemnation  proceedings  brought
 47    under  the  power  of  eminent domain, any element of damages not in existence
                                                                        
                                           7
                                                                        
  1    under the laws of the state of Idaho on July 1, 2006.
                                                                        
  2        SECTION 13.  That Chapter 7, Title 7, Idaho Code,  be,  and  the  same  is
  3    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  4    ignated as Section 7-735, Idaho Code, and to read as follows:
                                                                        
  5        7-735.  FEDERAL UNIFORM RELOCATION  ASSISTANCE  ACT.  (1)  Notwithstanding
  6    any  other provision of law, when any department, agency or instrumentality of
  7    the state, or any county, municipality, or other political subdivision, or any
  8    other public or private entity undertakes any project or activity  subject  to
  9    the  provisions of the federal uniform relocation assistance and real property
 10    acquisition policies act of 1970, as amended, public laws 91-646, and  100-17,
 11    title IV, hereinafter the federal uniform relocation act, which results in the
 12    acquisition  of real property or in any person or persons being displaced from
 13    their homes, businesses or farms, such state department, agency or  instrumen-
 14    tality,  county,  municipality or other political subdivision, or other public
 15    or private entity is hereby authorized to provide relocation  assistance,  and
 16    to make relocation payments to such displaced person and to do such other acts
 17    and  follow  such  procedures and practices as may be necessary to comply with
 18    the provisions of the federal uniform relocation act.
 19        (2)  Any payment made or to be made under  the  authority  granted  herein
 20    shall be for compensating or reimbursing the displaced person or owner of real
 21    property in accordance with the requirements of the federal uniform relocation
 22    act  and  such payments shall not for any purpose be deemed or considered com-
 23    pensation for real property acquired or compensation for damages to  remaining
 24    property.
                                                                        
 25        SECTION  14.  That  Chapter  7,  Title  7, Idaho Code, be, and the same is
 26    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 27    ignated as Section 7-736, Idaho Code, and to read as follows:
                                                                        
 28        7-736.  COSTS  AND  ATTORNEY'S FEES. Any moving and relocation costs which
 29    will accrue as a result of a condemnation undertaken pursuant to this  chapter
 30    7,  title 7, Idaho Code, shall be paid by the condemner as required by law. If
 31    such costs are not paid by the condemner, the owner of the property  shall  be
 32    awarded attorney's fees and costs incurred to recover the same.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 16200

This section will ensure that relocation benefits are uniformly
payable to individuals displaced by eminent domain.  Currently,
when property is acquired via eminent domain for a highway,
displaced individuals receive relocation assistance.  However,
when property is condemned for purposes other than highways,
relocation assistance is not expressly required under the current
statutes (though many condemners voluntarily pay relocation
benefits).  This bill will ensure that all Idaho citizens who are
displaced by eminent domain receive equal relocation assistance
(as defined in existing code), regardless of the entity which is
condemning their property or the purpose of the taking.  Most
takings do not require relocation; however, some citizens who
lose their homes via eminent domain and do have to relocate are
forced to pay their moving expenses out of pocket, while others
receive relocation assistance.  This legislation requires equal
relocation assistance to all citizens displaced by eminent
domain, and addresses concerns raised last session in Committee
when similar legislation was proposed.



                      FISCAL NOTE

No fiscal impact to the general fund.  There may be a minimal
fiscal impact to entities who do not currently provide relocation
assistance when displacing citizens via eminent domain.
Contact:





Name: Senator Skip Brandt       Representative Mike Moyle
Phone: 332-1326                 332-100


STATEMENT OF PURPOSE/FISCAL NOTE                            S 1433