2006 Legislation
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HOUSE BILL NO. 408 – Eminent domain, limitation, when

HOUSE BILL NO. 408

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H0408......................................................by STATE AFFAIRS
EMINENT DOMAIN - Adds to and amends existing law to provide that the right
of eminent domain may be exercised on behalf of a public use; to provide
that conveyance of a condemned property or an interest in a condemned
property to a private party shall not be a public use; to provide
application; to further define the terms "deteriorated area" and
"deteriorating area"; to provide procedures for acquisition of property
within a deteriorated area; to provide procedures for acquisition of
property located within adjoining areas; to limit eminent domain powers of
a county-based intermodal commerce authority; and to provide that no
governing body shall delegate the power of eminent domain to an intermodal
commerce authority nor shall a governing body exercise the power of eminent
domain on behalf of any intermodal commerce authority on behalf of any
project of an intermodal commerce authority.
                                                                        
01/18    House intro - 1st rdg - to printing
01/19    Rpt prt - to St Aff

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 408
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO EMINENT DOMAIN; AMENDING CHAPTER 7, TITLE 7, IDAHO  CODE,  BY  THE
  3        ADDITION OF A NEW SECTION 7-701A, IDAHO CODE, TO PROVIDE THAT THE RIGHT OF
  4        EMINENT DOMAIN MAY BE EXERCISED ON BEHALF OF A PUBLIC USE, TO PROVIDE THAT
  5        CONVEYANCE  OF A CONDEMNED PROPERTY OR AN INTEREST IN A CONDEMNED PROPERTY
  6        TO A PRIVATE PARTY SHALL NOT BE A PUBLIC USE AND TO  PROVIDE  APPLICATION;
  7        AMENDING  SECTION  50-2018,  IDAHO  CODE,  TO  FURTHER  DEFINE  THE  TERMS
  8        "DETERIORATED AREA" AND "DETERIORATING AREA" AND TO MAKE TECHNICAL CORREC-
  9        TIONS; AMENDING CHAPTER 20, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW
 10        SECTION  50-2002A,  IDAHO  CODE,  TO PROVIDE PROCEDURES FOR ACQUISITION OF
 11        PROPERTY WITHIN A DETERIORATED AREA; AMENDING CHAPTER 29, TITLE 50,  IDAHO
 12        CODE,  BY  THE  ADDITION OF A NEW SECTION 50-2902A, IDAHO CODE, TO PROVIDE
 13        FOR ACQUISITION OF PROPERTY LOCATED WITHIN ADJOINING AREAS; AMENDING  SEC-
 14        TION  50-2903, IDAHO CODE, TO FURTHER DEFINE THE TERM "DETERIORATED AREA";
 15        AMENDING SECTION 70-2206, IDAHO CODE, TO LIMIT EMINENT DOMAIN POWERS OF  A
 16        COUNTY-BASED  INTERMODAL COMMERCE AUTHORITY; AND AMENDING SECTION 70-2208,
 17        IDAHO CODE, TO PROVIDE THAT NO GOVERNING BODY SHALL DELEGATE THE POWER  OF
 18        EMINENT  DOMAIN TO  AN INTERMODAL COMMERCE AUTHORITY NOR SHALL A GOVERNING
 19        BODY EXERCISE THE POWER OF EMINENT DOMAIN ON BEHALF OF ANY INTERMODAL COM-
 20        MERCE  AUTHORITY ON BEHALF  OF  ANY  PROJECT  OF  AN  INTERMODAL  COMMERCE
 21        AUTHORITY.
                                                                        
 22    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
 23        SECTION  1.  That  Chapter  7,  Title  7,  Idaho Code, be, and the same is
 24    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 25    ignated as Section 7-701A, Idaho Code, and to read as follows:
                                                                        
 26        7-701A.  PUBLIC  USE.  (1)  As  provided in section 7-701, Idaho Code, the
 27    right of eminent domain may be exercised on behalf of a public use. Conveyance
 28    of a condemned property or an interest in a condemned property  to  a  private
 29    party shall not be a public use.
 30        (2)  This section shall not apply, however, to the condemnation of:
 31        (a)  Property  located  within  a  deteriorated area as defined in section
 32        50-2903(8), Idaho Code;
 33        (b)  Property located within an urban renewal  area  and  deteriorated  as
 34        defined in section 50-2018(h), Idaho Code;
 35        (c)  Property  located  within  a  slum  as defined in section 50-1903(h),
 36        Idaho Code.
 37        (3)  This section does not affect the authority of a  governmental  entity
 38    to condemn a leasehold estate on property owned by the governmental entity.
 39        (4)  The  determination by the governmental or private entity proposing to
 40    take the property that the taking does not involve an act or circumstance pro-
 41    hibited by subsections (1) or (2) of this section does not create  a  presump-
 42    tion with respect to whether the taking involves that act or circumstance.
                                                                        
                                           2
                                                                        
  1        SECTION  2.  That  Section 50-2018, Idaho Code, be, and the same is hereby
  2    amended to read as follows:
                                                                        
  3        50-2018.  DEFINITIONS. The following terms wherever used or referred to in
  4    this chapter, shall have the following meanings, unless a different meaning is
  5    clearly indicated by the context:
  6        (a)  "Agency" or "urban renewal agency" shall mean a public agency created
  7    by section 50-2006, Idaho Code.
  8        (b)  "Municipality" shall mean any incorporated city or town, or county in
  9    the state.
 10        (c)  "Public body" shall mean the state  or  any  municipality,  township,
 11    board,  commission,  authority,  district,  or any other subdivision or public
 12    body of the state.
 13        (d)  "Local governing body" shall mean the council  or  other  legislative
 14    body charged with governing the municipality.
 15        (e)  "Mayor"  shall  mean  the mayor of a municipality or other officer or
 16    body having the duties customarily imposed upon the executive head of a munic-
 17    ipality.
 18        (f)  "Clerk" shall mean the clerk or other official  of  the  municipality
 19    who is the custodian of the official records of such municipality.
 20        (g)  "Federal  government"  shall  include the United States of America or
 21    any agency or instrumentality, corporate or otherwise, of the United States of
 22    America.
 23        (h)  "Deteriorated area" and "deteriorating area" shall mean  an  area  in
 24    which each of the following qualifications are met:
 25        (1)  Tthere  is a predominance of buildings or improvements, whether resi-
 26        dential or nonresidential, which by reason of dilapidation, deterioration,
 27        age or obsolescence, inadequate provision  for  ventilation,  light,  air,
 28        sanitation,  or  open spaces, high density of population and or overcrowd-
 29        ing, or the existence of conditions which unreasonably endangers  life  or
 30        property by fire;
 31        (2)  and other causes, or any combination of such factors iIs conducive to
 32        ill  health,  transmission  of  disease, infant mortality, juvenile delin-
 33        quency, or crime,; and
 34        (3)  Iis detrimental to the public health, safety, morals or welfare.
 35        (i)  "Deteriorating area" shall mean an area which by reason of the  pres-
 36    ence of a substantial number of deteriorated or deteriorating structures, pre-
 37    dominance of defective or inadequate street layout, faulty lot layout in rela-
 38    tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
 39    ditions,  deterioration of site or other improvements, diversity of ownership,
 40    tax or special assessment delinquency exceeding the fair value  of  the  land,
 41    defective or unusual conditions of title, or the existence of conditions which
 42    endanger life or property by fire and other causes, or any combination of such
 43    factors,  substantially impairs or arrests the sound growth of a municipality,
 44    retards the provision of housing accommodations or constitutes an economic  or
 45    social  liability and is a menace to the public health, safety, morals or wel-
 46    fare in its present condition and use; provided, that  if  such  deteriorating
 47    area  consists of open land the conditions contained in the proviso in section
 48    50-2008(d), Idaho Code, shall apply; and provided further, that  any  disaster
 49    area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
 50    orating area.
 51        (j)  "Urban  renewal project" may include undertakings and activities of a
 52    municipality in an urban renewal area for the elimination of  deteriorated  or
 53    deteriorating  areas  and  for  the prevention of the development or spread of
 54    slums and blight, and may involve slum clearance and redevelopment in an urban
                                                                        
                                           3
                                                                        
  1    renewal area, or rehabilitation or conservation in an urban renewal  area,  or
  2    any combination or part thereof in accordance with an urban renewal plan. Such
  3    undertakings and activities may include:
  4        (1)  acquisition of a deteriorated area or a deteriorating area or portion
  5        thereof;
  6        (2)  demolition and removal of buildings and improvements;
  7        (3)  installation,  construction, or reconstruction of streets, utilities,
  8        parks, playgrounds, off-street parking facilities,  public  facilities  or
  9        buildings  and  other improvements necessary for carrying out in the urban
 10        renewal area the urban renewal objectives of this  chapter  in  accordance
 11        with the urban renewal plan;
 12        (4)  disposition  of  any  property  acquired  in  the urban renewal area,
 13        including sale, initial leasing or retention by the agency itself, at  its
 14        fair  value  for uses in accordance with the urban renewal plan except for
 15        disposition of property to another public body;
 16        (5)  carrying out plans for a program of voluntary  or  compulsory  repair
 17        and  rehabilitation  of buildings or other improvements in accordance with
 18        the urban renewal plan;
 19        (6)  acquisition of real property in the urban renewal area  which,  under
 20        the  urban  renewal  plan, is to be repaired or rehabilitated for dwelling
 21        use or related facilities, repair or rehabilitation of the structures  for
 22        guidance purposes, and resale of the property;
 23        (7)  acquisition  of  any  other  real  property in the urban renewal area
 24        where necessary to eliminate unhealthful, insanitary or unsafe conditions,
 25        lessen density, eliminate obsolete or other uses detrimental to the public
 26        welfare, or otherwise to remove or to prevent  the  spread  of  blight  or
 27        deterioration, or to provide land for needed public facilities;
 28        (8)  lending or investing federal funds; and
 29        (9)  construction  of  foundations,  platforms  and  other like structural
 30        forms.
 31        (kj)  "Urban renewal area" means a deteriorated area  or  a  deteriorating
 32    area  or  a  combination  thereof which the local governing body designates as
 33    appropriate for an urban renewal project.
 34        (lk)  "Urban renewal plan" means a plan, as it exists from time  to  time,
 35    for  an  urban  renewal  project, which plan: (1) shall conform to the general
 36    plan for the municipality as a whole except as provided in section 50-2008(g),
 37    Idaho Code; and (2) shall be  sufficiently  complete  to  indicate  such  land
 38    acquisition,  demolition  and  removal  of structures, redevelopment, improve-
 39    ments, and rehabilitation as may be proposed to be carried out  in  the  urban
 40    renewal  area,  zoning and planning changes, if any, land uses, maximum densi-
 41    ties, building requirements, and any method or methods of financing such plan,
 42    which methods may include revenue allocation financing provisions.
 43        (ml)  "Related activities" shall mean: (1) planning work for the  prepara-
 44    tion  or  completion  of  a community-wide plan or program pursuant to section
 45    50-2009, Idaho Code; and (2) the functions related to the acquisition and dis-
 46    posal of real property pursuant to section 50-2007(d), Idaho Code.
 47        (nm)  "Real property" shall include all lands, including improvements  and
 48    fixtures  thereon,  and property of any nature appurtenant thereto, or used in
 49    connection therewith, and every estate, interest,  right  and  use,  legal  or
 50    equitable,  therein,  including  terms for years and liens by way of judgment,
 51    mortgage or otherwise.
 52        (on)  "Bonds" shall mean any  bonds,  including  refunding  bonds,  notes,
 53    interim  certificates, certificates of indebtedness, debentures or other obli-
 54    gations.
 55        (po)  "Obligee" shall include any bondholder, agents or trustees  for  any
                                                                        
                                           4
                                                                        
  1    bondholders,  or  lessor demising to the municipality property used in connec-
  2    tion with urban  renewal, or any assignee or assignees of such lessor's inter-
  3    est or any part thereof, and the federal government when it is a party to  any
  4    contract with the municipality.
  5        (qp)  "Person"  shall mean any individual, firm, partnership, corporation,
  6    company, association, joint stock association,  or  body  politic;  and  shall
  7    include  any  trustee, receiver, assignee, or other person acting in a similar
  8    representative capacity.
  9        (rq)  "Area of operation" shall mean the area within the corporate  limits
 10    of  the municipality and the area within five (5) miles of such limits, except
 11    that it shall not include any area which lies within  the  territorial  bound-
 12    aries  of  another incorporated city or town or within the unincorporated area
 13    of the county unless a resolution shall have been  adopted  by  the  governing
 14    body of such other city, town or county declaring a need therefor.
 15        (sr)  "Board"  or "commission" shall mean a board, commission, department,
 16    division, office, body or other unit of the municipality.
 17        (ts)  "Public officer" shall mean any officer who  is  in  charge  of  any
 18    department or branch of the government of the municipality relating to health,
 19    fire, building regulations, or to other activities concerning dwellings in the
 20    municipality.
                                                                        
 21        SECTION  3.  That  Chapter  20,  Title 50, 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 50-2002A, Idaho Code, and to read as follows:
                                                                        
 24        50-2002A.  ACQUISITION  OF PROPERTY WITHIN A DETERIORATED AREA. No munici-
 25    pality, local governing body, or agency within the  meaning  of  this  chapter
 26    shall  acquire  through exercise of the power of eminent domain, private prop-
 27    erty located within a deteriorated area, deteriorating area or any other urban
 28    renewal area for any purpose authorized under this chapter without the consent
 29    of the owner of that property absent proof by clear and convincing evidence in
 30    a proceeding pursuant to chapter 7, title 7, Idaho Code, that  the  individual
 31    property  sought  to  be taken through exercise of eminent domain is itself in
 32    such condition by reason of dilapidation, deterioration, or age that it endan-
 33    gers life or property by fire or other causes, or otherwise is detrimental  to
 34    the  public  health,  safety, morals or welfare because it is conducive to ill
 35    health, transmission of disease, infant  mortality,  juvenile  delinquency  or
 36    crime.
                                                                        
 37        SECTION  4.  That  Chapter  20,  Title 50, Idaho Code, be, and the same is
 38    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 39    ignated as Section 50-2902A, Idaho Code, and to read as follows:
                                                                        
 40        50-2902A.  ACQUISITION  OF  PROPERTY  LOCATED  WITHIN  ADJOINING AREAS. No
 41    municipality, local governing body, or agency within the meaning of this chap-
 42    ter shall acquire through exercise of the power  of  eminent  domain,  private
 43    property  located  within a competitively disadvantaged border community area,
 44    deteriorated area or urban renewal area for any purpose authorized under  this
 45    chapter  without  the  consent  of  the owner of that property absent proof by
 46    clear and convincing evidence in a proceeding pursuant to chapter 7, title  7,
 47    Idaho  Code,  that the individual property sought to be taken through exercise
 48    of eminent domain is itself in such condition by reason of dilapidation, dete-
 49    rioration or age that it endangers life or property by fire or  other  causes,
 50    or  otherwise  is  detrimental to the public health, safety, morals or welfare
 51    because it is conducive to ill health, transmission of disease, infant mortal-
                                                                        
                                           5
                                                                        
  1    ity, juvenile delinquency or crime.
                                                                        
  2        SECTION 5.  That Section 50-2903, Idaho Code, be, and the same  is  hereby
  3    amended to read as follows:
                                                                        
  4        50-2903.  DEFINITIONS. The following terms used in this chapter shall have
  5    the following meanings, unless the context otherwise requires:
  6        (1)  "Act" or "this act" means this revenue allocation act.
  7        (2)  "Agency" or "urban renewal agency" means a public body created pursu-
  8    ant to section 50-2006, Idaho Code.
  9        (3)  "Authorized  municipality"  or  "municipality"  means  any  county or
 10    incorporated city which has established an urban renewal agency, or  by  ordi-
 11    nance  has  identified and created a competitively disadvantaged border commu-
 12    nity.
 13        (4)  "Base assessment roll" means the equalized assessment rolls, for  all
 14    classes  of taxable property, on January 1 of the year in which the local gov-
 15    erning body of an authorized municipality passes an ordinance adopting or mod-
 16    ifying an urban renewal plan containing a revenue allocation financing  provi-
 17    sion, except that the base assessment roll  shall be adjusted as follows:  the
 18    equalized assessment valuation of the taxable property in a revenue allocation
 19    area  as shown upon the base assessment roll shall be reduced by the amount by
 20    which the equalized assessed valuation as shown on the  base  assessment  roll
 21    exceeds  the  current  equalized  assessed  valuation  of any taxable property
 22    located in the revenue allocation area, and by the equalized  assessed  valua-
 23    tion  of  taxable property in such revenue allocation area that becomes exempt
 24    from taxation subsequent to the date of the base assessment roll.  The  equal-
 25    ized  assessed  valuation of the taxable property in a revenue allocation area
 26    as shown on the base assessment roll  shall  be  increased  by  the  equalized
 27    assessed  valuation,  as  of  the date of the base assessment roll, of taxable
 28    property in such revenue allocation area that becomes taxable after  the  date
 29    of the base assessment roll.
 30        (5)  "Budget"  means  an  annual estimate of revenues and expenses for the
 31    following fiscal year of the agency. An agency shall, by September 1  of  each
 32    calendar year, adopt and publish, as described in section 50-1002, Idaho Code,
 33    a  budget  for  the  next  fiscal year. An agency may amend its adopted budget
 34    using the same procedures as used for adoption of the budget. For  the  fiscal
 35    year  that immediately predates the termination date for an urban renewal plan
 36    involving a revenue allocation area or will include the termination date,  the
 37    agency  shall  adopt and publish a budget specifically for the projected reve-
 38    nues and expenses of the plan and make a determination as to whether the reve-
 39    nue allocation area can be terminated before the January 1 of the  termination
 40    year  pursuant  to  the  terms of section 50-2909(4), Idaho Code. In the event
 41    that the agency determines that current tax year revenues  are  sufficient  to
 42    cover  all  estimated  expenses  for the current year and all future years, by
 43    September 1 the agency shall adopt a resolution  advising  and  notifying  the
 44    local  governing  body,  the  county auditor, and the state tax commission and
 45    recommending the adoption of an ordinance for termination of the revenue allo-
 46    cation area by December 31 of the current year and declaring a surplus  to  be
 47    distributed  as  described in section 50-2909, Idaho Code, should a surplus be
 48    determined to exist. The agency shall cause the ordinance to be filed with the
 49    office of the county recorder and the Idaho state tax commission  as  provided
 50    in  section  63-215,  Idaho  Code. Upon notification of revenues sufficient to
 51    cover expenses as provided herein, the increment value of that revenue alloca-
 52    tion area shall be included in the net taxable value of the appropriate taxing
 53    districts when calculating the subsequent property tax levies pursuant to sec-
                                                                        
                                           6
                                                                        
  1    tion 63-803, Idaho Code. The increment value shall also be included in  subse-
  2    quent  notification of taxable value for each taxing district pursuant to sec-
  3    tion 63-1312, Idaho Code, and subsequent certification of actual and  adjusted
  4    market values for each school district pursuant to section 63-315, Idaho Code.
  5        (6)  "Clerk" means the clerk of the municipality.
  6        (7)  "Competitively disadvantaged border community area" means a parcel of
  7    land  consisting  of  at  least  forty (40) acres which is situated within the
  8    jurisdiction of a county or an incorporated city and within  twenty-five  (25)
  9    miles  of  a  state  or international border, which the governing body of such
 10    county or incorporated city has determined by ordinance  is  disadvantaged  in
 11    its  ability  to  attract business, private investment, or commercial develop-
 12    ment, as a result of a competitive advantage in the adjacent state  or  nation
 13    resulting  from  inequities  or disparities in comparative sales taxes, income
 14    taxes, property taxes, population or unique geographic features.
 15        (8)  "Deteriorated area" shall means: an area in which each of the follow-
 16    ing qualifications are met:
 17        (a)  There is a predominance of buildings or improvements,  whether  resi-
 18        dential  or nonresidential, which by reason of dilapidation, deterioration
 19        or overcrowding, unreasonably endangers life or property by fire;
 20        (b)  Is conducive to ill health, transmission of disease,  infant  mortal-
 21        ity, juvenile delinquency or crime; and
 22        (c)  Is detrimental to the public health, safety, morals or welfare.
 23        (a)  Any  area, including a slum area, in which there is a predominance of
 24        buildings or improvements, whether residential or nonresidential, which by
 25        reason of dilapidation, deterioration,  age  or  obsolescence,  inadequate
 26        provision  for  ventilation,  light, air, sanitation, or open spaces, high
 27        density of population and overcrowding, or  the  existence  of  conditions
 28        which  endanger life or property by fire and other causes, or any combina-
 29        tion of such factors, is conducive to ill health, transmission of disease,
 30        infant mortality, juvenile delinquency, or crime, and  is  detrimental  to
 31        the public health, safety, morals or welfare.
 32        (b)  Any  area  which by reason of the presence of a substantial number of
 33        deteriorated or deteriorating structures,  predominance  of  defective  or
 34        inadequate street layout, faulty lot layout in relation to size, adequacy,
 35        accessibility  or  usefulness, insanitary or unsafe conditions, deteriora-
 36        tion of site or other improvements, diversity of ownership, tax or special
 37        assessment delinquency exceeding the fair value of the land, defective  or
 38        unusual conditions of title, or the existence of conditions which endanger
 39        life or property by fire and other causes, or any combination of such fac-
 40        tors,  results  in  economic  underdevelopment  of the area, substantially
 41        impairs or arrests the sound growth of a municipality, retards the  provi-
 42        sion  of  housing accommodations or constitutes an economic or social lia-
 43        bility and is a menace to the public health, safety, morals or welfare  in
 44        its present condition and use.
 45        (c)  Any  area  which  is predominately open and which because of obsolete
 46        platting, diversity of ownership, deterioration of structures or  improve-
 47        ments,  or  otherwise, results in economic underdevelopment of the area or
 48        substantially impairs or arrests the sound growth of a  municipality.  The
 49        provisions of section 50-2008(d), Idaho Code, shall apply to open areas.
 50        (d)  Any area which the local governing body certifies is in need of rede-
 51        velopment  or rehabilitation as a result of a flood, storm, earthquake, or
 52        other natural disaster or catastrophe respecting which the governor of the
 53        state has certified the need for disaster  assistance  under  any  federal
 54        law.
 55        (e)  Any  area  which by reason of its proximity to the border of an adja-
                                                                        
                                           7
                                                                        
  1        cent state is competitively disadvantaged in its ability to  attract  pri-
  2        vate  investment,  business  or commercial development which would promote
  3        the purposes of this chapter.
  4        (9)  "Facilities" means  land,  rights  in  land,  buildings,  structures,
  5    machinery,  landscaping,  extension  of utility services, approaches, roadways
  6    and parking, handling and storage areas, and  similar  auxiliary  and  related
  7    facilities.
  8        (10) "Increment  value"  means  the  total value calculated by summing the
  9    differences between the current equalized value of each  taxable  property  in
 10    the revenue allocation area and that property's current base value on the base
 11    assessment roll, provided such difference is a positive value.
 12        (11) "Local governing body" means the city council or board of county com-
 13    missioners of a municipality.
 14        (12) "Plan" or "urban renewal plan" means a plan, as it exists or may from
 15    time  to  time  be amended, prepared and approved pursuant to section 50-2008,
 16    Idaho Code, and any method or methods of financing such  plan,  which  methods
 17    may include revenue allocation financing provisions.
 18        (13) "Project"  or "urban renewal project" or "competitively disadvantaged
 19    border areas" may include undertakings and activities of a municipality in  an
 20    urban  renewal area for the elimination of deteriorated or deteriorating areas
 21    and for the prevention of the development or spread of slums and  blight,  and
 22    may  involve  slum  clearance  and  redevelopment in an urban renewal area, or
 23    rehabilitation or conservation in an urban renewal area, or any combination or
 24    part thereof in accordance with an urban renewal plan. Such  undertakings  and
 25    activities may include:
 26        (a)  Acquisition of a deteriorated area or a deteriorating area or portion
 27        thereof;
 28        (b)  Demolition and removal of buildings and improvement;
 29        (c)  Installation,  construction, or reconstruction of streets, utilities,
 30        parks, playgrounds, open  space,  off-street  parking  facilities,  public
 31        facilities,  public  recreation  and entertainment facilities or buildings
 32        and other improvements necessary for carrying out, in  the  urban  renewal
 33        area  or  competitively  disadvantaged  border  community  area, the urban
 34        renewal objectives of this act in accordance with the urban  renewal  plan
 35        or the competitively disadvantaged border community area ordinance.
 36        (d)  Disposition of any property acquired in the urban renewal area or the
 37        competitively disadvantaged border community area (including sale, initial
 38        leasing  or  retention  by the agency itself) or the municipality creating
 39        the competitively disadvantaged border community area at  its  fair  value
 40        for  uses in accordance with the urban renewal plan except for disposition
 41        of property to another public body;
 42        (e)  Carrying out plans for a program of voluntary  or  compulsory  repair
 43        and  rehabilitation  of buildings or other improvements in accordance with
 44        the urban renewal plan;
 45        (f)  Acquisition of real property in the urban renewal area or the compet-
 46        itively disadvantaged border community area which, under the urban renewal
 47        plan, is to be repaired or  rehabilitated  for  dwelling  use  or  related
 48        facilities,  repair  or rehabilitation of the structures for guidance pur-
 49        poses, and resale of the property;
 50        (g)  Acquisition of any other real property in the urban renewal  area  or
 51        competitively disadvantaged border community area where necessary to elim-
 52        inate unhealthful, insanitary or unsafe conditions, lessen density, elimi-
 53        nate  obsolete  or other uses detrimental to the public welfare, or other-
 54        wise to remove or to prevent the spread of blight or deterioration, or  to
 55        provide land for needed public facilities or where necessary to accomplish
                                                                        
                                           8
                                                                        
  1        the purposes for which a competitively disadvantaged border community area
  2        was created by ordinance;
  3        (h)  Lending or investing federal funds; and
  4        (i)  Construction  of  foundations,  platforms  and  other like structural
  5        forms.
  6        (14) "Project costs" includes, but is not limited to:
  7        (a)  Capital costs, including the actual costs of the construction of pub-
  8        lic works or improvements, facilities, buildings, structures,  and  perma-
  9        nent  fixtures;  the  demolition, alteration, remodeling, repair or recon-
 10        struction of existing buildings, structures, and permanent  fixtures;  the
 11        acquisition of equipment; and the clearing and grading of land;
 12        (b)  Financing  costs, including interest during construction and capital-
 13        ized   debt  service  or  repair  and  replacement  or  other  appropriate
 14        reserves;
 15        (c)  Real  property  assembly costs, meaning any deficit incurred from the
 16        sale or lease by a municipality of real or personal property within a rev-
 17        enue allocation district;
 18        (d)  Professional service costs, including those costs incurred for archi-
 19        tectural, planning, engineering, and legal advice and services;
 20        (e)  Direct administrative costs, including  reasonable  charges  for  the
 21        time spent by municipal employees in connection with the implementation of
 22        a project plan;
 23        (f)  Relocation costs;
 24        (g)  Other costs incidental to any of the foregoing costs.
 25        (15) "Revenue allocation area" means that portion of an urban renewal area
 26    or  competitively  disadvantaged  border community area the equalized assessed
 27    valuation (as shown by the taxable property assessment  rolls)  of  which  the
 28    local  governing  body  has  determined,  on and as a part of an urban renewal
 29    plan, is likely to increase as a result of the initiation of an urban  renewal
 30    project or competitively disadvantaged border community area. The base assess-
 31    ment roll or rolls of revenue allocation area or areas shall not exceed at any
 32    time  ten percent (10%) of the current assessed valuation of all taxable prop-
 33    erty within the municipality.
 34        (16) "State" means the state of Idaho.
 35        (17) "Tax" or "taxes" means all property tax levies upon taxable property.
 36        (18) "Taxable property" means taxable real  property,  personal  property,
 37    operating  property,  or any other tangible or intangible property included on
 38    the equalized assessment rolls.
 39        (19) "Taxing district" means a  taxing  district  as  defined  in  section
 40    63-201, Idaho Code, as that section now exists or may hereafter be amended.
 41        (20) "Termination  date"  means  a specific date no later than twenty-four
 42    (24) years from the effective date of an urban renewal plan or as described in
 43    section 50-2904, Idaho Code, on which date the  plan  shall  terminate.  Every
 44    urban  renewal  plan  shall  have  a  termination date that can be modified or
 45    extended subject to the twenty-four (24)  year  maximum  limitation.  Provided
 46    however,  the  duration  of  a  revenue  allocation financing provision may be
 47    extended as provided in section 50-2904, Idaho Code.
                                                                        
 48        SECTION 6.  That Section 70-2206, Idaho Code, be, and the same  is  hereby
 49    amended to read as follows:
                                                                        
 50        70-2206.  GENERAL  POWERS OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY.
 51    An intermodal authority shall have the powers provided to it by a  local  gov-
 52    erning body, except the power of eminent domain, including:
 53        (1)  Have  perpetual succession unless abolished as provided in this chap-
                                                                        
                                           9
                                                                        
  1    ter;
  2        (2)  Sue and be sued;
  3        (3)  Have a seal;
  4        (4)  Execute contracts and other instruments and take  other  action  that
  5    may be necessary or convenient to carry out the purposes of this chapter;
  6        (5)  Plan,  establish,  acquire,  develop,  construct,  purchase, enlarge,
  7    improve, modify, maintain, equip, operate, regulate  and  protect  transporta-
  8    tion,  storage,  or  other  facilities or other personal property necessary or
  9    convenient to carry out the purposes of this chapter;
 10        (6)  Acquire any land or interest in land. All land and other property and
 11    privileges acquired and used by or on behalf of any intermodal authority  must
 12    be  used  for  intermodal  authority purposes. As specified in this chapter, a
 13    port authority may pledge, lease, sell, or mortgage all or  any  part  of  its
 14    facilities to secure bonds;
 15        (7)  Recommend  to the local governing body that created it, comprehensive
 16    county-based intermodal commerce authority zoning  regulations  in  accordance
 17    with the laws of this state and the governing body; and
 18        (8)  Provide financial and other support to corporations or other business
 19    entities  or organizations under the provisions of Idaho law, whose purpose is
 20    to promote, stimulate, develop and advance the economic development and  pros-
 21    perity  of  its jurisdiction and of the state and its citizens by stimulating,
 22    assisting in, and supporting the growth of all  kinds  of  economic  activity,
 23    including the creation, expansion, modernization, retention, and relocation of
 24    new  and existing businesses and industry in the state, all of which will tend
 25    to promote business development, maintain the economic stability and  prosper-
 26    ity  of  the  state, and thus provide maximum opportunities for employment and
 27    improvement in the standards of living of citizens of the state.
                                                                        
 28        SECTION 7.  That Section 70-2208, Idaho Code, be, and the same  is  hereby
 29    amended to read as follows:
                                                                        
 30        70-2208.  SUPPLEMENTARY  POWERS.  In  addition  to the general and special
 31    powers conferred by this chapter, each intermodal authority may  exercise  all
 32    powers delegated to it by the governing body creating it and powers incidental
 33    to  the exercise of such general and special powers contained herein; provided
 34    however, that no governing body shall delegate the power of eminent domain  to
 35    an  intermodal authority nor shall a governing body exercise the power of emi-
 36    nent domain on behalf of any intermodal authority on behalf of any project  of
 37    an intermodal authority.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE
                            RS 15630C1

This legislation adds a new Section 7-701A, Idaho Code,
to provide that the right of eminent domain may be exercised on
behalf of a public use, to provide that conveyance of a condemned
property or an interest in a condemned property to a private
party shall not be a public use and to provide application.
Sections 50-2018 and 50-2903, Idaho Code, are amended to further
define the terms "deteriorated area" and "deteriorating area" and
make technical corrections.
     
This legislation provides procedures for acquisition of
property within a deteriorated area; provides for acquisition of
property located within adjoining areas; limits eminent domain
powers of a county-based intermodal commerce authority; and
provides that no governing body shall delegate the power of
eminent domain to an intermodal commerce authority nor shall a
governing body exercise the power of eminent domain on behalf of
any intermodal commerce authority on behalf of any project of an
intermodal commerce authority.


                           FISCAL NOTE

     There is no fiscal impact to the general fund.
     



Contact
Name:     Speaker Bruce Newcomb
Name:     Representative Lawrence Denney
Name:     Representative Mike Moyle
Name:     Representative Julie Ellsworth 
Phone:    (208)332-1000
Name:     David Hensley, Office of the Govenor
Phone:    (208)334-2100




STATEMENT OF PURPOSE/FISCAL NOTE                         H 408