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S1494aa....................................by LOCAL GOVERNMENT AND TAXATION RELOCATION PAYMENTS - DISPLACED PERSONS - Amends existing law to provide that relocation payments and assistance shall be provided to persons displaced by public programs; to provide that any agency using funds for public purposes shall compensate a displaced person for moving expenses and losses; to provide that an agency shall make a payment to a qualified displaced owner of a dwelling and to a qualified displaced individual or family; to provide that an agency shall reimburse owners of real property for certain expenses; to provide that if moving and relocation costs resulting from a condemnation are not paid by the condemner, the owner of the property shall be awarded attorney's fees and costs incurred to recover the same. 02/21 Senate intro - 1st rdg - to printing 02/22 Rpt prt - to Loc Gov 02/28 Rpt out - to 14th Ord 03/03 Rpt out amen - to engros 03/06 Rpt engros - 1st rdg - to 2nd rdg as amen 03/07 2nd rdg - to 3rd rdg as amen 03/10 3rd rdg as amen - PASSED - 29-3-3 AYES--Andreason, Boatright, Bunderson, Cameron, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS--Danielson, Stegner, Walton/Branch Absent and excused--Burtenshaw, Crow, McLaughlin Floor Sponsor - Schroeder Title apvd - to House 03/13 House intro - 1st rdg as amen - to Loc Gov 03/17 Rpt out - rec d/p - to 2nd rdg as amen 03/20 2nd rdg - to 3rd rdg as amen 03/29 3rd rdg as amen - PASSED - 63-0-7 AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner, Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wheeler, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Crow, Cuddy, Lake, Linford, Moyle, Mr Speaker Floor Sponsor - Hornbeck Title apvd - to Senate 03/30 To enrol - rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/04 Governor signed Session Law Chapter 192 Effective: 04/04/00
S1494|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000IN THE SENATE SENATE BILL NO. 1494, As Amended BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO RELOCATION OF PERSONS DISPLACED BY PUBLIC PROGRAMS; AMENDING SEC- 3 TION 40-2001, IDAHO CODE, TO PROVIDE THAT RELOCATION PAYMENTS AND ASSIS- 4 TANCE SHALL BE PROVIDED TO PERSONS DISPLACED BY PUBLIC PROGRAMS AND TO 5 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2002, IDAHO CODE, TO PRO- 6 VIDE THAT RELOCATION ASSISTANCE SHALL BE PROVIDED; AMENDING SECTION 7 40-2004, IDAHO CODE, TO PROVIDE THAT ANY AGENCY USING FUNDS FOR PUBLIC 8 PURPOSES SHALL COMPENSATE A DISPLACED PERSON FOR MOVING EXPENSES AND 9 LOSSES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2005, IDAHO 10 CODE, TO PROVIDE THAT AN AGENCY SHALL MAKE A PAYMENT TO A QUALIFIED DIS- 11 PLACED OWNER OF A DWELLING AND TO A QUALIFIED DISPLACED INDIVIDUAL OR FAM- 12 ILY; AMENDING SECTION 40-2007, IDAHO CODE, TO PROVIDE THAT AN AGENCY SHALL 13 REIMBURSE OWNERS OF REAL PROPERTY FOR CERTAIN EXPENSES; AMENDING CHAPTER 14 20, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-2013, IDAHO 15 CODE, TO PROVIDE THAT IF MOVING AND RELOCATION COSTS RESULTING FROM A CON- 16 DEMNATION PURSUANT TO CHAPTER 7, TITLE 7, IDAHO CODE, OR RELOCATION PURSU- 17 ANT TO CHAPTER 20, TITLE 40, IDAHO CODE, ARE NOT PAID BY THE CONDEMNER, 18 THE OWNER OF THE PROPERTY SHALL BE AWARDED ATTORNEY'S FEES AND COSTS 19 INCURRED TO RECOVER THE SAME; AND DECLARING AN EMERGENCY. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 40-2001, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 40-2001. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS -- LEG- 24 ISLATIVE FINDING. The legislature finds and declares that the prompt and equi- 25 table relocation and reestablishment of persons, families, businesses, farm- 26 ers, and nonprofit organizations displaced as a result of any state or local 27 governmental program or project is a necessary purpose, is a cost of those 28 programs and projects and is a public purpose. In order to insure that indi- 29 viduals do not suffer disproportionate injuries as a result of programs 30 designed for the benefit of the public as a whole the legislature declares 31 that relocation payments and relocation advisory assistancemayshall be pro- 32 vided to all persons so displaced in accordance with the terms and provisions 33 of this chapter and rulesand regulationspromulgated by the board. The legis- 34 lature finds and declares that rent supplement or purchase assistance payments 35 to tenants and relocation payments to owner-occupants, businesses, and farmers 36 in accordance with the provisions of this chapter are a public purpose and are 37 necessary to enable all displaced persons to obtain decent, safe, and sanitary 38 dwellings. The legislature further declares the provisions of this chapter may 39 be applicable to all programs. 40 SECTION 2. That Section 40-2002, Idaho Code, be, and the same is hereby 41 amended to read as follows: 2 1 40-2002. RELOCATION ADVISORY ASSISTANCE. Any agency is authorized, as a 2 part of the cost of any program or project, to give relocation advisory assis- 3 tance to any individual, family, business or farm operation displaced because 4 of the acquisition of real property for any project. If any agency determines 5 that any person occupying property immediately adjacent to the real property 6 acquired has been caused substantial economic injury because of the acquisi- 7 tion, itmayshall offer him relocation advisory services. 8 SECTION 3. That Section 40-2004, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 40-2004. RELOCATION EXPENSE -- COMPENSATION OPTIONS -- LIMIT OF COMPENSA- 11 TION FOR BUSINESS OR FARM RELOCATIONS. (1) As a part of the cost of any public 12 program or project, any agency using any funds for public purposesmayshall 13 compensate a displaced person for his actual and reasonable expense in moving 14 himself, family, business or farm operation, including moving personal prop- 15 erty, and for any actual direct losses of tangible personal property as the 16 result of moving or discontinuing a business or farm operation, but not to 17 exceed an amount equal to the reasonable expenses that would have been 18 required to relocate the property, as determined by the agency, and for actual 19 reasonable expenses in searching for a replacement business or farm. However, 20 the compensation authorized by this section for actual and reasonable moving 21 expenses, actual direct losses of tangible personal property, and expenses in 22 searching for a replacement farm or business shall be limited to relocating a 23 displaced person, family, business or farm operation within a reasonable dis- 24 tance from the location previously occupied and from which the displaced per- 25 son has been required to move. 26 (2) Any displaced person who moves from a dwelling who elects to accept 27 the payments authorized by this subsection in lieu of the payments authorized 28 by subsection (1) of this sectionmayshall receive a moving expense allow- 29 ance, determined according to regulations and schedules established by the 30 agency, not to exceed three hundred dollars ($300), and in addition a disloca- 31 tion allowance of two hundred dollars ($200). 32 (3) Any displaced person who moves or discontinues his business or farm 33 operation who elects to accept the payment authorized by this subsection in 34 lieu of the payment authorized by subsection (1) of this section,mayshall 35 receive a fixed relocation payment in an amount equal to the average annual 36 net earnings of the business or farm operation, except that the payment shall 37 not be less than two thousand five hundred dollars ($2,500) nor more than ten 38 thousand dollars ($10,000). In the case of a business, no payment shall be 39 made under this subsection unless the agency is satisfied that the business 40 cannot be relocated without a substantial loss of patronage, and is not a part 41 of a commercial enterprise having at least one (1) other establishment not 42 being acquired which is engaged in the same or similar business. In addition 43 to the other requirements of this chapter, to be eligible for the payment 44 authorized by this subsection the business or farm operation must make its 45 financial statements, accounting records, and state income tax returns avail- 46 able to the agency for audit for confidential use in determining the payment 47 or payments authorized by this subsection. Such financial statements, account- 48 ing records and state income tax returns shall be subject to disclosure 49 according to chapter 3, title 9, Idaho Code. 50 (4) If any agency determines that property, contiguous with property 51 acquired, owned or occupied by an individual, family, business or farm opera- 52 tion, has been damaged as the result of a public program or project, itmay53 shall offer the individual, family, business or farm operation the same com- 3 1 pensation as it might offer to a displaced person under subsections(1), (2) 2 or (3) of this section and under sections 40-2005 and 40-2007, Idaho Code. 3 SECTION 4. That Section 40-2005, Idaho Code, be, and the same is hereby 4 amended to read as follows: 5 40-2005. PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE OR 6 DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT. (1) In addition to the payments 7 authorized by section 40-2004, Idaho Code, an agencymayshall make a payment 8 to the owner of a dwelling, provided the dwelling has been owned and occupied 9 by the owner for at least one hundred eighty (180) days prior to the first 10 written offer for the acquisition of the property. The payment shall not 11 exceed fifteen thousand dollars ($15,000) and shall be the amount, which, when 12 added to the acquisition payment, equals the reasonable cost required for a 13 comparable dwelling determined in accordance with standards established by the 14 agency to be suitable to accommodate the displaced owner. The payment shall 15 be made only to a displaced owner who purchases and occupies a dwelling that 16 meets standards established by the agency, not later than the end of a one (1) 17 year period beginning on the date on which he received final payment of all 18 costs of the acquired dwelling, or on the date on which he moves from the 19 acquired dwelling, whichever is the later date. Payment under this subsection 20 will include an amount which will compensate the displaced person for any 21 increased interest costs which the person is required to pay for financing the 22 acquisition of any comparable replacement dwelling. This amount will be paid 23 only if the dwelling acquired by the agency was encumbered by a mortgage which 24 was a valid lien on the dwelling for not less than one hundred eighty (180) 25 days prior to the first written offer for the acquisition of the dwelling. The 26 amount shall be equal to the excess in the aggregate interest and other debt 27 service costs of that amount of the principal of the mortgage on the replace- 28 ment dwelling which is equal to the unpaid balance of the mortgage on the 29 acquired dwelling, over the remainder term of the mortgage on the acquired 30 dwelling, reduced to discounted current value. The discounted rate shall be 31 the prevailing interest rate paid on savings deposits by commercial banks in 32 the general area in which the replacement dwelling is located. This amount 33 shall also include reasonable expenses incurred by the displaced person for 34 evidence of title, recording fees, and other closing costs incident to the 35 purchase of the replacement dwelling, but shall not include prepaid expenses. 36 (2) In addition to the payments authorized by section 40-2004, Idaho 37 Code, any agencymayshall make a payment to any individual or family dis- 38 placed from any dwelling not eligible to receive a payment under subsection 39 (1) of this section, which dwelling was actually and lawfully occupied by the 40 individual or family for at least ninety (90) days prior to the first written 41 offer for the acquisition of the property. The payment, not to exceed four 42 thousand dollars ($4,000), shall be the additional amount which is necessary 43 to enable the individual or family to lease or rent for a period not to exceed 44 four (4) years, or to make a down payment, including reasonable expenses 45 incurred by the displaced person for evidence of title, recording fees, and 46 other closing costs incident to the purchase of a dwelling of standards ade- 47 quate to accommodate the individual or family in areas not generally less 48 desirable in regard to public utilities and public and commercial facilities, 49 except that if the amount exceeds two thousand dollars ($2,000) the person 50 must equally match any payment in excess of two thousand dollars ($2,000), in 51 making the down payment. 52 SECTION 5. That Section 40-2007, Idaho Code, be, and the same is hereby 4 1 amended to read as follows: 2 40-2007. COMPENSATION FOR MISCELLANEOUS EXPENSES. In addition to amounts 3 authorized by this chapter, any agency as a part of the cost of any public 4 program or project,mayshall reimburse the owner of real property acquired 5 for a project for reasonable and necessary expenses incurred for: 6 (1) Recording fees, transfer taxes, and similar expenses incidental to 7 conveying the property; 8 (2) Penalty costs for prepayment of any mortgage entered into in good 9 faith encumbering the real property if the mortgage is on record or has been 10 filed for record under applicable state law on the date of final approval by 11 the agency of the location of the project; and 12 (3) The pro rata share or portion of ad valorem taxes paid which are 13 allocable to a period subsequent to the date of vesting of title in the state 14 or the effective date of possession of the real property by the agency, which- 15 ever is earlier. 16 SECTION 6. That Chapter 20, Title 40, Idaho Code, be, and the same is 17 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 18 ignated as Section 40-2013, Idaho Code, and to read as follows: 19 40-2013. COSTS AND ATTORNEY'S FEES. Any moving and relocation costs which 20 will accrue as a result of a condemnation undertaken pursuant to chapter 7, 21 title 7, Idaho Code, or pursuant to this chapter, shall be paid by the 22 condemner as required by law. If such costs are not paid by the condemner, 23 the owner of the property shall be awarded attorney's fees and costs incurred 24 to recover the same. 25 SECTION 7. An emergency existing therefor, which emergency is hereby 26 declared to exist, this act shall be in full force and effect on and after its 27 passage and approval.
AS1494|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000Moved by Schroeder Seconded by Frasure IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1494 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 10, delete "SECTION 1." and insert: 3 "SECTION 6.". 4 AMENDMENT TO SECTION 2 5 On page 1, in line 19, delete "SECTION 2." and insert: "SECTION 7.". 6 AMENDMENT TO THE BILL 7 On page 1, following line 9, insert: 8 "SECTION 1. That Section 40-2001, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 40-2001. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS -- LEG- 11 ISLATIVE FINDING. The legislature finds and declares that the prompt and equi- 12 table relocation and reestablishment of persons, families, businesses, farm- 13 ers, and nonprofit organizations displaced as a result of any state or local 14 governmental program or project is a necessary purpose, is a cost of those 15 programs and projects and is a public purpose. In order to insure that indi- 16 viduals do not suffer disproportionate injuries as a result of programs 17 designed for the benefit of the public as a whole the legislature declares 18 that relocation payments and relocation advisory assistancemayshall be pro- 19 vided to all persons so displaced in accordance with the terms and provisions 20 of this chapter and rulesand regulationspromulgated by the board. The legis- 21 lature finds and declares that rent supplement or purchase assistance payments 22 to tenants and relocation payments to owner-occupants, businesses, and farmers 23 in accordance with the provisions of this chapter are a public purpose and are 24 necessary to enable all displaced persons to obtain decent, safe, and sanitary 25 dwellings. The legislature further declares the provisions of this chapter may 26 be applicable to all programs. 27 SECTION 2. That Section 40-2002, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 40-2002. RELOCATION ADVISORY ASSISTANCE. Any agency is authorized, as a 30 part of the cost of any program or project, to give relocation advisory assis- 31 tance to any individual, family, business or farm operation displaced because 32 of the acquisition of real property for any project. If any agency determines 33 that any person occupying property immediately adjacent to the real property 34 acquired has been caused substantial economic injury because of the acquisi- 35 tion, itmayshall offer him relocation advisory services. 36 SECTION 3. That Section 40-2004, Idaho Code, be, and the same is hereby 37 amended to read as follows: 2 1 40-2004. RELOCATION EXPENSE -- COMPENSATION OPTIONS -- LIMIT OF COMPENSA- 2 TION FOR BUSINESS OR FARM RELOCATIONS. (1) As a part of the cost of any public 3 program or project, any agency using any funds for public purposesmayshall 4 compensate a displaced person for his actual and reasonable expense in moving 5 himself, family, business or farm operation, including moving personal prop- 6 erty, and for any actual direct losses of tangible personal property as the 7 result of moving or discontinuing a business or farm operation, but not to 8 exceed an amount equal to the reasonable expenses that would have been 9 required to relocate the property, as determined by the agency, and for actual 10 reasonable expenses in searching for a replacement business or farm. However, 11 the compensation authorized by this section for actual and reasonable moving 12 expenses, actual direct losses of tangible personal property, and expenses in 13 searching for a replacement farm or business shall be limited to relocating a 14 displaced person, family, business or farm operation within a reasonable dis- 15 tance from the location previously occupied and from which the displaced per- 16 son has been required to move. 17 (2) Any displaced person who moves from a dwelling who elects to accept 18 the payments authorized by this subsection in lieu of the payments authorized 19 by subsection (1) of this sectionmayshall receive a moving expense allow- 20 ance, determined according to regulations and schedules established by the 21 agency, not to exceed three hundred dollars ($300), and in addition a disloca- 22 tion allowance of two hundred dollars ($200). 23 (3) Any displaced person who moves or discontinues his business or farm 24 operation who elects to accept the payment authorized by this subsection in 25 lieu of the payment authorized by subsection (1) of this section,mayshall 26 receive a fixed relocation payment in an amount equal to the average annual 27 net earnings of the business or farm operation, except that the payment shall 28 not be less than two thousand five hundred dollars ($2,500) nor more than ten 29 thousand dollars ($10,000). In the case of a business, no payment shall be 30 made under this subsection unless the agency is satisfied that the business 31 cannot be relocated without a substantial loss of patronage, and is not a part 32 of a commercial enterprise having at least one (1) other establishment not 33 being acquired which is engaged in the same or similar business. In addition 34 to the other requirements of this chapter, to be eligible for the payment 35 authorized by this subsection the business or farm operation must make its 36 financial statements, accounting records, and state income tax returns avail- 37 able to the agency for audit for confidential use in determining the payment 38 or payments authorized by this subsection. Such financial statements, account- 39 ing records and state income tax returns shall be subject to disclosure 40 according to chapter 3, title 9, Idaho Code. 41 (4) If any agency determines that property, contiguous with property 42 acquired, owned or occupied by an individual, family, business or farm opera- 43 tion, has been damaged as the result of a public program or project, itmay44 shall offer the individual, family, business or farm operation the same com- 45 pensation as it might offer to a displaced person under subsections(1), (2) 46 or (3) of this section and under sections 40-2005 and 40-2007, Idaho Code. 47 SECTION 4. That Section 40-2005, Idaho Code, be, and the same is hereby 48 amended to read as follows: 49 40-2005. PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE OR 50 DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT. (1) In addition to the payments 51 authorized by section 40-2004, Idaho Code, an agencymayshall make a payment 52 to the owner of a dwelling, provided the dwelling has been owned and occupied 53 by the owner for at least one hundred eighty (180) days prior to the first 3 1 written offer for the acquisition of the property. The payment shall not 2 exceed fifteen thousand dollars ($15,000) and shall be the amount, which, when 3 added to the acquisition payment, equals the reasonable cost required for a 4 comparable dwelling determined in accordance with standards established by the 5 agency to be suitable to accommodate the displaced owner. The payment shall 6 be made only to a displaced owner who purchases and occupies a dwelling that 7 meets standards established by the agency, not later than the end of a one (1) 8 year period beginning on the date on which he received final payment of all 9 costs of the acquired dwelling, or on the date on which he moves from the 10 acquired dwelling, whichever is the later date. Payment under this subsection 11 will include an amount which will compensate the displaced person for any 12 increased interest costs which the person is required to pay for financing the 13 acquisition of any comparable replacement dwelling. This amount will be paid 14 only if the dwelling acquired by the agency was encumbered by a mortgage which 15 was a valid lien on the dwelling for not less than one hundred eighty (180) 16 days prior to the first written offer for the acquisition of the dwelling. The 17 amount shall be equal to the excess in the aggregate interest and other debt 18 service costs of that amount of the principal of the mortgage on the replace- 19 ment dwelling which is equal to the unpaid balance of the mortgage on the 20 acquired dwelling, over the remainder term of the mortgage on the acquired 21 dwelling, reduced to discounted current value. The discounted rate shall be 22 the prevailing interest rate paid on savings deposits by commercial banks in 23 the general area in which the replacement dwelling is located. This amount 24 shall also include reasonable expenses incurred by the displaced person for 25 evidence of title, recording fees, and other closing costs incident to the 26 purchase of the replacement dwelling, but shall not include prepaid expenses. 27 (2) In addition to the payments authorized by section 40-2004, Idaho 28 Code, any agencymayshall make a payment to any individual or family dis- 29 placed from any dwelling not eligible to receive a payment under subsection 30 (1) of this section, which dwelling was actually and lawfully occupied by the 31 individual or family for at least ninety (90) days prior to the first written 32 offer for the acquisition of the property. The payment, not to exceed four 33 thousand dollars ($4,000), shall be the additional amount which is necessary 34 to enable the individual or family to lease or rent for a period not to exceed 35 four (4) years, or to make a down payment, including reasonable expenses 36 incurred by the displaced person for evidence of title, recording fees, and 37 other closing costs incident to the purchase of a dwelling of standards ade- 38 quate to accommodate the individual or family in areas not generally less 39 desirable in regard to public utilities and public and commercial facilities, 40 except that if the amount exceeds two thousand dollars ($2,000) the person 41 must equally match any payment in excess of two thousand dollars ($2,000), in 42 making the down payment. 43 SECTION 5. That Section 40-2007, Idaho Code, be, and the same is hereby 44 amended to read as follows: 45 40-2007. COMPENSATION FOR MISCELLANEOUS EXPENSES. In addition to amounts 46 authorized by this chapter, any agency as a part of the cost of any public 47 program or project,mayshall reimburse the owner of real property acquired 48 for a project for reasonable and necessary expenses incurred for: 49 (1) Recording fees, transfer taxes, and similar expenses incidental to 50 conveying the property; 51 (2) Penalty costs for prepayment of any mortgage entered into in good 52 faith encumbering the real property if the mortgage is on record or has been 53 filed for record under applicable state law on the date of final approval by 4 1 the agency of the location of the project; and 2 (3) The pro rata share or portion of ad valorem taxes paid which are 3 allocable to a period subsequent to the date of vesting of title in the state 4 or the effective date of possession of the real property by the agency, which- 5 ever is earlier."; and renumber the subsequent section of the bill accord- 6 ingly. 7 CORRECTIONS TO TITLE 8 On page 1, delete lines 2 through 8 and insert: 9 "RELATING TO RELOCATION OF PERSONS DISPLACED BY PUBLIC PROGRAMS; AMENDING SEC- 10 TION 40-2001, IDAHO CODE, TO PROVIDE THAT RELOCATION PAYMENTS AND ASSIS- 11 TANCE SHALL BE PROVIDED TO PERSONS DISPLACED BY PUBLIC PROGRAMS AND TO 12 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2002, IDAHO CODE, TO PRO- 13 VIDE THAT RELOCATION ASSISTANCE SHALL BE PROVIDED; AMENDING SECTION 14 40-2004, IDAHO CODE, TO PROVIDE THAT ANY AGENCY USING FUNDS FOR PUBLIC 15 PURPOSES SHALL COMPENSATE A DISPLACED PERSON FOR MOVING EXPENSES AND 16 LOSSES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2005, IDAHO 17 CODE, TO PROVIDE THAT AN AGENCY SHALL MAKE A PAYMENT TO A QUALIFIED DIS- 18 PLACED OWNER OF A DWELLING AND TO A QUALIFIED DISPLACED INDIVIDUAL OR FAM- 19 ILY; AMENDING SECTION 40-2007, IDAHO CODE, TO PROVIDE THAT AN AGENCY SHALL 20 REIMBURSE OWNERS OF REAL PROPERTY FOR CERTAIN EXPENSES; AMENDING CHAPTER 21 20, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-2013, IDAHO 22 CODE, TO PROVIDE THAT IF MOVING AND RELOCATION COSTS RESULTING FROM A CON- 23 DEMNATION PURSUANT TO CHAPTER 7, TITLE 7, IDAHO CODE, OR RELOCATION PURSU- 24 ANT TO CHAPTER 20, TITLE 40, IDAHO CODE, ARE NOT PAID BY THE CONDEMNER, 25 THE OWNER OF THE PROPERTY SHALL BE AWARDED ATTORNEY'S FEES AND COSTS 26 INCURRED TO RECOVER THE SAME; AND DECLARING AN EMERGENCY.".
STATEMENT OF PURPOSE RS 1O111C1 The purpose of this legislation is to provide that if require moving and relocation costs resulting front a condemnation are not paid by the condemner, the owner of the property shall be awarded attorney's fees and costs incurred to recover the same. FISCAL IMPACT It is impossible to assess the total impact of this legislation because government does not keep records of persons not paid moving and relocation costs. Contact: Senator Gary L Schroeder 332-1321 STATEMENT OF PURPOSE/FISCAL IMPACT S 1494