2006 Legislation
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HOUSE JOINT RESOLUTION NO. 3 – Eminent domain, not economic dvlp

HOUSE JOINT RESOLUTION NO. 3

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Bill Status



HJR003..................................................by LOCAL GOVERNMENT
EMINENT DOMAIN - Proposing an amendment to the Constitution of the State of
Idaho to provide that no department, agency or instrumentality of the
state, or any county, or any municipality, or other political subdivision,
or any other public entity with power of eminent domain shall be allowed to
use economic development as a reason for exercising its power of eminent
domain; and to define "economic development" as any activity including
increasing tax revenues, or any project which promotes, stimulates,
develops or advances the economic prosperity of a jurisdiction.
                                                                        
01/25    House intro - 1st rdg - to printing
01/26    Rpt prt - Held at Desk

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                HOUSE JOINT RESOLUTION NO. 3
                                                                        
                               BY LOCAL GOVERNMENT COMMITTEE
                                                                        
  1                                  A JOINT RESOLUTION
  2    PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I, OF THE  CONSTITUTION  OF  THE
  3        STATE  OF IDAHO, RELATING TO RIGHT OF EMINENT DOMAIN, TO PROVIDE THAT ECO-
  4        NOMIC DEVELOPMENT SHALL NOT BE USED AS A REASON FOR ANY AUTHORIZED GOVERN-
  5        MENTAL ENTITY TO EXERCISE THE POWER OF EMINENT DOMAIN  AND  TO  PROVIDE  A
  6        DEFINITION OF "ECONOMIC DEVELOPMENT"; STATING THE QUESTION TO BE SUBMITTED
  7        TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATE-
  8        MENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE
  9        AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
                                                                        
 10    Be It Resolved by the Legislature of the State of Idaho:
                                                                        
 11        SECTION  1.  That  Section 14, Article I, of the Constitution of the State
 12    of Idaho be amended to read as follows:
                                                                        
 13             SECTION 14.  RIGHT OF EMINENT DOMAIN. The necessary use of lands
 14        for the construction of reservoirs or storage basins, for the purpose
 15        of irrigation, or for rights of way for the construction  of  canals,
 16        ditches, flumes or pipes, to convey water to the place of use for any
 17        useful,  beneficial or necessary purpose, or for drainage; or for the
 18        drainage of mines, or the working thereof, by means of  roads,  rail-
 19        roads,  tramways,  cuts,  tunnels,  shafts, hoisting works, dumps, or
 20        other necessary means to their complete development, or any other use
 21        necessary to the complete development of the  material  resources  of
 22        the  state,  or the preservation of the health of its inhabitants, is
 23        hereby declared to be a public use, and subject to the regulation and
 24        control of the state.
 25             Private property may be taken for public use, but  not  until  a
 26        just compensation, to be ascertained in the manner prescribed by law,
 27        shall be paid therefor.
 28             No  department,  agency  or instrumentality of the state, or any
 29        county, or any municipality, or other political subdivision,  or  any
 30        other  public  entity with power of eminent domain shall use economic
 31        development as a reason for exercising its power of  eminent  domain.
 32        For  the purposes of this section, "economic development" shall mean,
 33        but is not limited to, any activity including  increasing  tax  reve-
 34        nues, or any project which promotes, stimulates, develops or advances
 35        the economic prosperity of a jurisdiction.
                                                                        
 36        SECTION  2.  The  question to be submitted to the electors of the State of
 37    Idaho at the next general election shall be as follows:
 38        "Shall Section 14, Article I, of the Constitution of the State of Idaho be
 39    amended to provide that no department, agency or instrumentality of the state,
 40    or any county, or any municipality, or other  political  subdivision,  or  any
 41    other  public  entity with power of eminent domain shall use economic develop-
 42    ment as a reason for exercising its power of eminent domain,  and  to  provide
                                                                        
                                           2
                                                                        
  1    that  "economic  development"  shall mean, but is not limited to, any activity
  2    including increasing tax revenues, or any project which promotes,  stimulates,
  3    develops or advances the economic prosperity of a jurisdiction?".
                                                                        
  4        SECTION  3.  The Legislative Council is directed to prepare the statements
  5    required by Section 67-453, Idaho Code, and file the same.
                                                                        
  6        SECTION 4.  The Secretary of State is hereby directed to publish this pro-
  7    posed constitutional amendment and arguments as required by law.

Statement of Purpose / Fiscal Impact



                       STATEMENT OF PURPOSE

                             RS 15675

This legislation is proposing an amendment to Section 14, Article
I, of the Constitution of the State of Idaho, relating to Right of
Eminent Domain, to provide that economic development shall not be
used as a reason for any authorized governmental entity to exercise
the power of eminent domain and to provide a definition of
"economic development"; stating the question to be submitted to the
electorate; directing the legislative council to prepare the
statements required by law; and directing the Secretary of State to
publish the amendment and arguments as required by law.


                           FISCAL NOTE

There is approximately a $50,000 fiscal impact on a constitutional
amendment for publication costs.





Contact
Name: Rep Lenore Hardy Barrett 
Representatives Cliff Bayer, JoAn Wood, Dick Harwood,Shirley
McKague, and Phil Hart
Senators Gerry Sweet and Monty Pearce 


Phone: 332-1000


STATEMENT OF PURPOSE/FISCAL NOTE                         HJR 3