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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN 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 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