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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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,27age or obsolescence, inadequate provision for ventilation, light, air,28sanitation, or open spaces, high density of population andor overcrowd- 29 ing,or the existence of conditions whichunreasonably 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-36ence of a substantial number of deteriorated or deteriorating structures, pre-37dominance of defective or inadequate street layout, faulty lot layout in rela-38tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-39ditions, deterioration of site or other improvements, diversity of ownership,40tax or special assessment delinquency exceeding the fair value of the land,41defective or unusual conditions of title, or the existence of conditions which42endanger life or property by fire and other causes, or any combination of such43factors, substantially impairs or arrests the sound growth of a municipality,44retards the provision of housing accommodations or constitutes an economic or45social liability and is a menace to the public health, safety, morals or wel-46fare in its present condition and use; provided, that if such deteriorating47area consists of open land the conditions contained in the proviso in section4850-2008(d), Idaho Code, shall apply; and provided further, that any disaster49area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-50orating 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 of24buildings or improvements, whether residential or nonresidential, which by25reason of dilapidation, deterioration, age or obsolescence, inadequate26provision for ventilation, light, air, sanitation, or open spaces, high27density of population and overcrowding, or the existence of conditions28which endanger life or property by fire and other causes, or any combina-29tion of such factors, is conducive to ill health, transmission of disease,30infant mortality, juvenile delinquency, or crime, and is detrimental to31the public health, safety, morals or welfare.32(b) Any area which by reason of the presence of a substantial number of33deteriorated or deteriorating structures, predominance of defective or34inadequate street layout, faulty lot layout in relation to size, adequacy,35accessibility or usefulness, insanitary or unsafe conditions, deteriora-36tion of site or other improvements, diversity of ownership, tax or special37assessment delinquency exceeding the fair value of the land, defective or38unusual conditions of title, or the existence of conditions which endanger39life or property by fire and other causes, or any combination of such fac-40tors, results in economic underdevelopment of the area, substantially41impairs or arrests the sound growth of a municipality, retards the provi-42sion of housing accommodations or constitutes an economic or social lia-43bility and is a menace to the public health, safety, morals or welfare in44its present condition and use.45(c) Any area which is predominately open and which because of obsolete46platting, diversity of ownership, deterioration of structures or improve-47ments, or otherwise, results in economic underdevelopment of the area or48substantially impairs or arrests the sound growth of a municipality. The49provisions 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-51velopment or rehabilitation as a result of a flood, storm, earthquake, or52other natural disaster or catastrophe respecting which the governor of the53state has certified the need for disaster assistance under any federal54law.55(e) Any area which by reason of its proximity to the border of an adja-7 1cent state is competitively disadvantaged in its ability to attract pri-2vate investment, business or commercial development which would promote3the 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 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