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S1246.............................................................by BRANDT EMINENT DOMAIN - Adds to and amends existing law relating to relocation assistance and exercise of the power of eminent domain to provide a limitation on compensable damages; to provide relocation assistance; to provide for application of Chapter 20, Title 40, Idaho Code, to all condemners; and to provide a definition of "agency." 01/11 Senate intro - 1st rdg - to printing 01/12 Rpt prt - to St Aff 02/06 Rpt out - to 14th Ord 03/14 Rpt out w/o amen - Ret'd to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1246 BY BRANDT 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 OF CHAPTER 20, TITLE 40, IDAHO CODE, TO ALL CONDEMNERS; AND 6 AMENDING SECTION 40-102, IDAHO CODE, TO REVISE THE DEFINITION OF "AGENCY" 7 AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is 10 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 11 ignated as Section 7-722, Idaho Code, and to read as follows: 12 7-722. RELOCATION ASSISTANCE. The relocation and reestablishment of per- 13 sons, families, businesses, farmers and nonprofit organizations displaced as a 14 result of any exercise of the power of eminent domain shall not give rise to 15 additional damages compensable under this chapter. Relocation payments and 16 relocation advisory assistance shall be provided to all persons so displaced 17 in accordance with the terms and provisions of chapter 20, title 40, Idaho 18 Code, which shall apply to all condemners. 19 SECTION 2. That Section 40-102, Idaho Code, be, and the same is hereby 20 amended to read as follows: 21 40-102. DEFINITIONS -- A. (1) "Activities, commercial or industrial." 22 (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code) 23 (2) "Advertising business, outdoor." (See "Outdoor advertising business," 24 section 40-116, Idaho Code) 25 (3) "Advertising display" means advertising structures and signs. 26 (4) "Advertising structure(s)" or "structure(s)" or "sign(s)" means any 27 thing designed, intended or used to advertise or inform. "Advertising struc- 28 ture" or "sign" does not include: 29 (a) Official notices issued by any court or public body or officer. 30 (b) Notices posted by any public officer in performance of a public duty 31 or by any person in giving legal notice. 32 (c) Directional, warning or information structures required by or autho- 33 rized by law, informational or directional signs regarding telephone ser- 34 vice, emergency telephone signs, buried or underground cable markers and 35 above cable closures. 36 (d) An official or public structure erected near a city or county, and 37 within its territorial or zoning jurisdiction, which contains the name of 38 the city or county, provided the same is maintained wholly at public 39 expense. Where a city has been bypassed, but remains within five (5) miles 40 of an interstate highway or primary freeway, the Idaho transportation 41 board, in its discretion, may grant the city the right to erect and main- 2 1 tain a billboard displaying the name of the city at a location not to 2 exceed one (1) mile from an interchange primarily serving that city. Bill- 3 boards erected must be at locations consistent with departmentregulations4 rules and safety standards. 5 (5) "Agency," as applied tohighwayrelocation assistance as provided by 6 chapter 20, title 40, Idaho Code, means any political subdivision or entity of 7 state or local government in the state of Idaho authorized by law toengage in8any highway program or perform any highway projectexercise the power of emi- 9 nent domain in which the acquisition of real property may result in the dis- 10 placement of any person. 11 (6) "Areas, commercial or industrial, unzoned." (See "Unzoned commercial 12 or industrial areas," section 40-122, Idaho Code) 13 (7) "Areas, urban." (See "Urban areas," section 40-122, Idaho Code) 14 (8) "Automobile graveyard" means any establishment or place of business 15 which is maintained, used, or operated, for storing, keeping, buying, or sell- 16 ing wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle 17 parts. 18 (9) "Average annual net earnings," for the purposes of section 40-2004, 19 Idaho Code, means one-half (1/2) of any net earnings of the business or farm 20 operations, before federal, state and local income taxes, during the two (2) 21 taxable years immediately preceding the taxable year in which the business or 22 farm operation moves from the real property acquired for the project, or dur- 23 ing any other period as the agency determines to be more equitable for estab- 24 lishing the earnings, and includes any compensation paid by the business or 25 farm operation to the owner, his spouse, or his dependents during the two (2) 26 year period, or any other period as determined by the agency.
STATEMENT OF PURPOSE RS 15559 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 1246