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S1515aa,aa.................................by LOCAL GOVERNMENT AND TAXATION
EMINENT DOMAIN - Adds to existing law to provide required duties of a state
or local unit of government or public utility that is beginning
negotiations to acquire a parcel of real property in fee simple under the
state's eminent domain law; to provide a form to advise rights of property
owners; to provide a method of delivery of such forms; and to provide
application.
02/21 Senate intro - 1st rdg - to printing
02/23 Rpt prt - to Loc Gov
02/28 Rpt out - to 14th Ord
03/01 Rpt out amen - to engros
03/02 Rpt engros - 1st rdg - to 2nd rdg as amen
03/03 2nd rdg - to 3rd rdg as amen
To 14th Ord
03/07 Rpt out amen - to engros
03/08 Rpt engros - 1st rdg - to 2nd rdg as amen
03/09 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 35-0-0
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh,
Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS -- None
Absent and excused -- None
Floor Sponsor - Ipsen
Title apvd - to House
03/16 House intro - 1st rdg as amen - to St Aff
03/23 Rpt out - rec d/p - to 2nd rdg as amen
03/24 2nd rdg - to 3rd rdg as amen
04/03 3rd rdg as amen - PASSED - 60-0-10
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter,
Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy,
Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould,
Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd,
Kellogg, Kempton, Kunz, Lake, Loertscher(Loertscher), Mader, Marley,
McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Reynolds,
Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith, Smylie,
Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Crow, Hansen(29), Kendell, Linford,
Montgomery, Pomeroy, Schaefer, Wheeler, Mr Speaker
Floor Sponsor - Kempton
Title apvd - to Senate
04/04 To enrol - rpt enrol - Pres signed
04/05 Sp signed
04/06 To Governor
04/14 Governor signed
Session Law Chapter 354
Effective: 07/01/00
S1515
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1515, As Amended, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO EMINENT DOMAIN; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 7-711A, IDAHO CODE, TO PROVIDE REQUIRED DUTIES
4 OF A STATE OR LOCAL UNIT OF GOVERNMENT OR PUBLIC UTILITY THAT IS BEGINNING
5 NEGOTIATIONS TO ACQUIRE A PARCEL OF REAL PROPERTY IN FEE SIMPLE UNDER THE
6 STATE'S EMINENT DOMAIN LAW, TO PROVIDE A FORM TO ADVISE RIGHTS OF PROPERTY
7 OWNERS, TO PRODUCE A METHOD OF DELIVERY OF SUCH FORMS AND TO PROVIDE
8 APPLICATION.
9 Be It Enacted by the Legislature of the State of Idaho:
10 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same hereby
11 amended by the addition thereto of a NEW SECTION, to be known and designated
12 as Section 7-711A, Idaho Code, and to read as follows:
13 7-711A. ADVICE OF RIGHTS FORM -- RIGHTS WHEN CONDEMNING AUTHORITY
14 ACQUIRES PROPERTY. Whenever a state or local unit of government or a public
15 utility is beginning negotiations to acquire a parcel of real property in fee
16 simple, the condemning authority shall provide the owner of the property a
17 form containing a summary of the rights of an owner of property to be acquired
18 under this chapter. If the condemning authority does not supply the owner of
19 the real property with this form, there will be a presumption that any sale or
20 contract entered into between the condemning authority and the owner was not
21 voluntary and the condemning authority may be held responsible for such
22 relief, if any, as the court may determine to be appropriate considering all
23 of the facts and circumstances. The form shall contain substantially the fol-
24 lowing:
25 (1) The (name of entity allowed to use eminent domain proceedings pursu-
26 ant to chapter 7, title 7, Idaho Code) has the power under the constitution
27 and the laws of the state of Idaho and the United States to take private prop-
28 erty for public use. This power is generally referred to as the power of
29 "eminent domain" or condemnation. The power can only be exercised when:
30 (a) The property is needed for a public use authorized by Idaho law;
31 (b) The taking of the property is necessary to such use;
32 (c) The taking must be located in the manner which will be most compati-
33 ble with the greatest public good and the least private injury.
34 (2) The condemning authority must negotiate with the property owner in
35 good faith to purchase the property sought to be taken and/or to settle with
36 the owner for any other damages which might result to the remainder of the
37 owner's property.
38 (3) The owner of private property to be acquired by the condemning
39 authority is entitled to be paid for any diminution in the value of the
40 owner's remaining property which is caused by the taking and the use of the
41 property taken proposed by the condemning authority. This compensation, called
42 "severance damages," is generally measured by comparing the value of the prop-
43 erty before the taking and the value of the property after the taking. Dam-
2
1 ages are assessed according to Idaho Code.
2 (4) The value of the property to be taken is to be determined based upon
3 the highest and best use of the property.
4 (5) If the negotiations to purchase the property and settle damages are
5 unsuccessful, the property owner is entitled to assessment of damages from a
6 court, jury or referee as provided by Idaho law.
7 (6) The owner has the right to consult with an appraiser of the owner's
8 choosing at any time during the acquisition process at the owner's cost and
9 expense.
10 (7) The condemning authority shall deliver to the owner, upon request, a
11 copy of all appraisal reports concerning the owner's property prepared by the
12 condemning authority. Once a complaint for condemnation is filed, the Idaho
13 rules of civil procedure control the disclosure of appraisals.
14 (8) The owner has the right to consult with an attorney at any time dur-
15 ing the acquisition process. In cases in which the condemning authority
16 condemns property and the owner is able to establish that just compensation
17 exceeds the last amount timely offered by the condemning authority by ten per-
18 cent (10%) or more, the condemning authority may be required to pay the
19 owner's reasonable costs and attorney's fees. The court will make the determi-
20 nation whether costs and fees will be awarded.
21 (9) The form contemplated by this section shall be deemed delivered by
22 United States certified mail, postage prepaid, addressed to the person or per-
23 sons shown in the official records of the county assessor as the owner of the
24 property. A second copy will be attached to the appraisal at the time it is
25 delivered to the owner.
26 (10) If a condemning authority desires to acquire property pursuant to
27 this chapter, the condemning authority or any of its agents or employees shall
28 not give the owner any timing deadline as to when the owner must respond to
29 the initial offer which is less than thirty (30) days. A violation of the pro-
30 visions of this subsection shall render any action pursuant to this chapter
31 null and void.
32 (11) Nothing in this section changes the assessment of damages set forth
33 in section 7-711, Idaho Code.
AS1515
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Wheeler
Seconded by Hawkins
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1515
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 14, following "property" insert:
3 "in fee simple".
4 CORRECTION TO TITLE
5 On page 1, in line 5, following "PROPERTY" insert: "IN FEE SIMPLE".
Moved by Ipsen
Seconded by Frasure
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1515, As Amended
6 AMENDMENTS TO SECTION 1
7 On page 1 of the engrossed bill, in line 39, delete "also".
8 On page 2, in line 19, following "owner's" insert: "reasonable"; in line
9 21, following "be" insert: "deemed"; and in line 28, delete "an" and insert:
10 "the initial".
STATEMENT OF PURPOSE
RS 10185
Idaho citizens may not be aware of their legal rights when there is a
potential taking of their property by eminent domain. This statute is intended to
provide notice to the property owners of their individual rights in explaining the
condemnation process. This bill is intended to give full and fair notice to the
property owner of what their rights are at the beginning of any condemnation
process as provided for under the laws of the state of Idaho
FISCAL IMPACT
The only fiscal impact would be the printing of the notices.
Contact
Name: Senator Grant Ipsen
Phone: (208) 332-1326
STATEMENT OF PURPOSE/FISCAL NOTE S1515