2006 Legislation
Print Friendly

SENATE BILL NO. 1246 – Eminent domain, relocatn assistance

SENATE BILL NO. 1246

View Bill Status

View Bill Text

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN 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 department regulations
  4        rules and safety standards.
  5        (5)  "Agency," as applied to highway relocation 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 to engage in
  8    any  highway program or perform any highway project exercise 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 / Fiscal Impact


                      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