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HJM006.....................................................by STATE AFFAIRS PRIVATE PROPERTY RIGHTS - Stating findings of the Legislature and urging the President of the United States to reiterate his strong support for private property rights by reaffirming Executive Order 12630. 02/14 House intro - 1st rdg - to printing 02/15 Rpt prt - to 2nd rdg 02/16 2nd rdg - to 3rd rdg 02/19 3rd rdg - ADOPTED - voice vote Title apvd - to Senate 02/20 Senate intro - 1st rdg - to St Aff 02/27 Rpt out - rec d/p - to 10th Ord 02/28 10th ord - ADOPTED - voice vote Title apvd - to House 03/01 To enrol 03/02 Rpt enrol - Sp signed 03/05 Pres signed 03/06 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE JOINT MEMORIAL NO. 6 BY STATE AFFAIRS COMMITTEE 1 A JOINT MEMORIAL 2 TO THE PRESIDENT OF THE UNITED STATES, THE SENATE AND HOUSE OF REPRESENTATIVES 3 OF THE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELE- 4 GATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED 5 STATES. 6 We, your Memorialists, the House of Representatives and the Senate of the 7 State of Idaho assembled in the First Regular Session of the Fifty-sixth Idaho 8 Legislature, do hereby respectfully represent that: 9 WHEREAS, the right to life, liberty and property is a belief that is 10 deeply rooted in the foundations of our country; and 11 WHEREAS, property rights are at the foundations of our American democracy; 12 and 13 WHEREAS, private property rights, including water rights, are important in 14 every county of Idaho and affect virtually every Idaho citizen including urban 15 homeowners, rural residents, small businesses, farmers and ranchers; and 16 WHEREAS, the Fifth Amendment to the U.S. Constitution and Section 14, 17 Article I of the Idaho Constitution clearly provide that private property 18 shall not be taken for public use without just compensation; and 19 WHEREAS, in many instances the individual effect of government action has 20 caused partial limitation on use of property, and subsequent government 21 actions have caused further limitation which results in a cumulative effect 22 that causes substantial economic impact on said property owners and may 23 approach complete loss of use over time; and 24 WHEREAS, President Ronald Reagan issued Executive Order 12630 on March 15, 25 1988, that required all federal departments and agencies to avoid actions 26 which infringe on private property rights; and 27 WHEREAS, Executive Order 12630 also reminded all federal entities that 28 governmental actions which restrict the use or value of private property could 29 result in a "taking" for which financial compensation by due process is 30 required; and 31 WHEREAS, Executive Order 12630 created an ongoing process within the gov- 32 ernment for assessing the impact on property rights from federal policy, regu- 33 lation and legislation; and 34 WHEREAS, Executive Order 12630 was reaffirmed by President George Herbert 35 Walker Bush but ignored by President William Jefferson Clinton although it was 36 never rescinded. 37 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session 38 of the Fifty-sixth Idaho Legislature, the House of Representatives and the 39 Senate concurring therein, that we urgently request the President of the 40 United States to reiterate his strong support for private property rights by 41 reaffirming Executive Order 12630 and directing all federal agencies to re- 42 implement it immediately with revisions, if needed, to account for partial 43 takings of property and their cumulative effect. 44 BE IT FURTHER RESOLVED that we support congressional enactment of federal 2 1 property rights legislation which would at a minimum include codification of 2 the requirements of Executive Order 12630. 3 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa- 4 tives be, and she is hereby authorized and directed to forward a copy of this 5 Memorial to the President of the United States, the President of the Senate 6 and the Speaker of the House of Representatives of Congress, and to the con- 7 gressional delegation representing the State of Idaho in the Congress of the 8 United States.
STATEMENT OF PURPOSE RS 10905 The purpose of this proposed memorial is to call on the President of the United States to reiterate his support for private property rights by reaffirming Executive Order 12630 and directing all federal agencies to re-implement it immediately. FISCAL IMPACT None. Contact: Representative Scott Bedke 332-1000 STATEMENT OF PURPOSE/FISCAL NOTE HJM 6