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S1167aa..............................................by JUDICIARY AND RULES
MUNICIPAL ANNEXATION - Adds to, amends and repeals existing law to provide
for municipal annexation of land which is contiguous or adjacent to a city
with consent of the landowner; to provide for annexation of land which is
contiguous or adjacent to a city when not all landowners give their
consent; to provide that a seller's disclosure statement shall include two
questions relative to newly constructed residential real property that
previously has not been inhabited; and to provide a demand procedure to
facilitate compliance with the law for those counties and cities which have
not adopted required ordinances providing for the identification of an area
of city impact within the unincorporated area of the county.
02/15 Senate intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/12 To 14th Ord
03/15 Rpt out amen - to engros
03/16 Rpt engros - 1st rdg - to 2nd rdg as amen
03/19 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 23-11-1
AYES--Andreason, Bunderson, Cameron, Danielson, Darrington, Davis,
Deide, Dunklin, Goedde, Ingram, Ipsen, King-Barrutia, Lee, Lodge,
Noh, Richardson, Schroeder, Sorensen, Stegner, Stennett, Thorne,
Wheeler, Williams
NAYS--Boatright, Branch, Brandt, Burtenshaw, Frasure, Geddes,
Hawkins, Keough, Risch, Sims, Whitworth
Absent and excused--Sandy
Floor Sponsors -- Thorne & Wheeler
Title apvd - to House
03/21 House intro - 1st rdg - to Loc Gov
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1167
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS; REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY, TO PROVIDE FOR ANNEXATION OF LAND TO A CITY WITH CON-
6 SENT OF THE LANDOWNER, TO PROVIDE FOR ANNEXATION OF LAND WHICH IS CONTIGU-
7 OUS OR ADJACENT TO A CITY WHEN NOT ALL LANDOWNERS GIVE THEIR CONSENT AND
8 TO PROVIDE FOR ANNEXATION OF NONCONTIGUOUS MUNICIPAL AIRFIELD; REPEALING
9 SECTION 50-222A, IDAHO CODE; AMENDING SECTION 55-2505, IDAHO CODE, TO PRO-
10 VIDE AN EXCEPTION TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF NEWLY
11 CONSTRUCTED RESIDENTIAL PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED
12 AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE,
13 TO PROVIDE THAT A SELLER'S DISCLOSURE STATEMENT SHALL INCLUDE TWO QUES-
14 TIONS RELATIVE TO NEWLY CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVI-
15 OUSLY HAS NOT BEEN INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO
16 PROVIDE A DEMAND PROCEDURE TO FACILITATE COMPLIANCE WITH LAW FOR THOSE
17 COUNTIES AND CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING
18 FOR THE IDENTIFICATION OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT, TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and to read as follows:
28 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines that it is the policy of the state of Idaho
30 that cities of the state should be able to annex lands which are reasonably
31 necessary to assure the orderly development of Idaho's cities in order to
32 allow efficient and economically viable provision of tax-supported and fee-
33 supported municipal services, to enable the orderly development of private
34 lands which benefit from the cost-effective availability of municipal services
35 in urbanizing areas and to equitably allocate the costs of public services in
36 management of development on the urban fringe.
37 (2) General authority. Ordinances which provide for the annexation of
38 land into a city shall conform to the procedures required in this section. In
39 any annexation proceeding, all portions of highways lying wholly or partially
40 within an area to be annexed shall be included within the area annexed unless
41 expressly agreed between the annexing city and the governing board of the
42 highway agency providing road maintenance at the time of annexation. Provided
2
1 further, that said city council shall not have the power to declare such land,
2 lots or blocks a part of said city if they will be connected to such city only
3 by a shoestring or strip of land which comprises a railroad or highway right-
4 of-way.
5 (3) Annexation of land with the consent of the landowner. Lands lying
6 contiguous or adjacent to any city or lands receiving tax-supported or fee-
7 supported municipal services may be annexed by the city if the annexation is
8 consented to by the property owner or owners of the land and by the city; pro-
9 vided that if a duly adopted area of impact exists, part or all of the lands
10 to be annexed with consent shall be located therein. Provided further, that if
11 a duly adopted area of impact exists and all of the land to be annexed with
12 consent is located outside of the area of impact, the approval of the board of
13 county commissioners of the county in which said property lies shall also be
14 required. Such consent, when recorded in the county recorder's office, shall
15 be binding upon subsequent purchasers, heirs, or assigns of the property.
16 Property need not be contiguous or adjacent to the city limits to be subject
17 to a valid consent to annex, however, no annexation shall occur until such
18 land becomes contiguous or adjacent to the city or until such land receives
19 tax-supported or fee-supported municipal services and is approved by the city.
20 Planning and zoning procedures set forth in chapter 65, title 67, Idaho Code,
21 shall be followed concurrent with enactment of an ordinance of annexation to
22 establish the zoning classification of the property.
23 (4) Annexation of contiguous or adjacent land when not consented to by
24 all landowners. A city may annex land without the consent of the property
25 owner only upon compliance with the following:
26 (a) In considering an annexation wherein consent has not been obtained
27 from all property owners, the city shall follow the notice and hearing
28 procedures governing a zoning district boundary change set forth in sec-
29 tion 67-6511, Idaho Code, on the question of whether the property should
30 be annexed and, if annexed, the zoning designation to be applied thereto;
31 provided however, that the initial notice of public hearing concerning the
32 question of annexation and zoning shall be published in the official news-
33 paper of the city and mailed by first class mail to every property owner
34 with lands included in such annexation proposal, not less than twenty-
35 eight (28) days prior to the initial public hearing. All public hearing
36 notices shall establish a time and procedure by which comments concerning
37 the proposed annexation may be received in writing and heard, and addi-
38 tionally, those public hearing notices delivered by mail shall include a
39 brief summary of the city's proposed annexation plan and provide informa-
40 tion where the annexation plan may be obtained, without charge, by any
41 property owner whose property would be subject to the annexation proposal.
42 (b) Prior to advertising a public hearing concerning annexation and zon-
43 ing to which not all property owners have consented, a city shall prepare
44 an annexation plan appropriate to the scale of the annexation contem-
45 plated, which shall include, at a minimum, the following elements:
46 (i) The manner of providing tax-supported municipal services to the
47 lands proposed to be annexed, whether by extension of existing facil-
48 ities and/or personnel or by construction or establishment of new
49 facilities and/or employment of new personnel.
50 (ii) The changes in taxation and other costs, using examples, which
51 would result if the subject lands were to be annexed.
52 (iii) The means of providing fee-supported municipal services, if
53 any, to the lands proposed to be annexed.
54 (iv) A brief analysis of the potential effects of annexation upon
55 other units of local government which currently provide tax-supported
3
1 or fee-supported services to the lands proposed to be annexed.
2 (v) The future land use plan and zoning designations, subject to
3 public hearing, for the lands proposed to be annexed.
4 (c) The property shall be contiguous or adjacent to the city and lie
5 within the city's area of impact.
6 (d) If lands meet any of the following conditions, the lands shall be
7 included within an annexation proposal when consent has not been obtained
8 from the property owner:
9 (i) The land shall be laid off into lots or blocks containing not
10 more than five (5) acres of land each, whether the same may have been
11 or may be laid off, subdivided or platted in accordance with any
12 statute of this state or otherwise, or by the property owner or pro-
13 prietor or any person by or with his authority; or
14 (ii) Tracts have been sold off or sales have begun from such contig-
15 uous or adjacent lands by metes and bounds in tracts not exceeding
16 five (5) acres; or
17 (iii) Railroad right-of-way property may be annexed pursuant to this
18 section only when property within the city will adjoin both sides of
19 the right-of-way, notwithstanding any other provision of this sec-
20 tion; or
21 (iv) The lands are surrounded by the city.
22 (e) Notwithstanding the foregoing, splits of ownership which conform to
23 the following standards shall not serve to establish eligibility for
24 annexation without consent of the property owner:
25 (i) Any land split that occurred prior to January 1, 1975, and was
26 the result of placement of public utilities, public roads or high-
27 ways, or railroad lines through the property shall not be considered
28 an intent to develop such land and shall not be sufficient evidence
29 that the land has been laid off or subdivided into lots or blocks.
30 (ii) A single sale of five (5) acres or less to a family member of
31 the property owner for the purpose of constructing a residence shall
32 not constitute a sale within the meaning of this section. For the
33 purposes of this section, "family member" means a natural person or
34 the spouse of a natural person who is related to the property owner
35 by blood, adoption or marriage within the first degree of consanguin-
36 ity. The exception of a "single sale" to a family member means one
37 (1) sale of such parcel after January 1, 1975.
38 (f) Despite meeting the standards set forth elsewhere in this section,
39 lands meeting the following standards shall not be subject to annexation
40 without the consent of the property owner:
41 (i) Property owned by a county or any entity within the county
42 which property is used as a fairgrounds area under the provisions of
43 chapter 2, title 22, or chapter 8, title 31, Idaho Code, shall not be
44 annexed without the consent of a majority of the board of county com-
45 missioners of the county in which said property lies.
46 (ii) Notwithstanding any other provision of law, no city council
47 shall have authority to annex property owned by a nongovernmental
48 entity used to provide outdoor recreational activities to the public
49 which has been designated as a planned unit development of fifty (50)
50 acres or more and does not require or utilize any city services,
51 without the express written permission of the nongovernmental entity
52 whose property is subject to annexation.
53 (g) After considering the written and oral comments of property owners
54 whose land may be annexed and other affected persons, the city council may
55 proceed with enactment of an ordinance of annexation and zoning. In the
4
1 course of consideration of such ordinance, the city shall make express
2 findings as follows:
3 (i) That the land to be annexed meets the requirements of para-
4 graphs (c) and (d) of this subsection (4) and does not fall within
5 the exceptions or conditional exceptions specified in paragraphs (e)
6 and (f) of this subsection (4); and
7 (ii) That the annexation would be consistent with the public pur-
8 poses addressed in the annexation plan prepared by the city; and
9 (iii) That the annexation is reasonably necessary for orderly devel-
10 opment of the city.
11 (h) The decision of a city council to annex and zone lands without the
12 express consent of the property owner shall be subject to judicial review
13 in accordance with the procedures provided in chapter 52, title 67, Idaho
14 Code, pursuant to the standards set forth in section 67-5279, Idaho Code.
15 Any such appeal shall be filed in the appropriate district court no later
16 than twenty-eight (28) days after the date of publication of the annex-
17 ation ordinance. All cases in which there may arise a question of the
18 validity of any annexation under this section shall be advanced as a mat-
19 ter of immediate public interest and concern, and shall be heard at the
20 earliest practicable time.
21 (5) Annexation of noncontiguous municipal airfield. A city may annex land
22 that is not contiguous to the city and is occupied by a municipally owned or
23 operated airport or landing field. However, a city may not annex any other
24 land adjacent to such noncontiguous facilities which is not otherwise
25 annexable pursuant to this section.
26 SECTION 3. That Section 50-222A, Idaho Code, be, and the same is hereby
27 repealed.
28 SECTION 4. That Section 55-2505, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 55-2505. EXEMPTIONS. The provisions of this chapter do not apply to any
31 transfer of residential real property that is any of the following:
32 (1) A transfer pursuant to court order including, but not limited to, a
33 transfer ordered by a probate court during the administration of a decedent's
34 estate, a transfer pursuant to a writ of execution, a transfer by a trustee in
35 bankruptcy, a transfer as a result of the exercise of the power of eminent
36 domain, and a transfer that results from a decree for specific performance of
37 a contract or other agreement between persons;
38 (2) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclo-
39 sure or in satisfaction of the mortgage debt;
40 (3) A transfer to a beneficiary of a deed of trust by a trustor in
41 default;
42 (4) A transfer by a foreclosure sale that follows a default in the satis-
43 faction of an obligation secured by a mortgage;
44 (5) A transfer by a sale under a power of sale following a default in the
45 satisfaction of an obligation that is secured by a deed of trust or another
46 instrument containing a power of sale occurring within one (1) year of fore-
47 closure on the default;
48 (6) A transfer by a mortgagee, or a beneficiary under a deed of trust,
49 who has acquired the residential real property at a sale conducted pursuant to
50 a power of sale under a mortgage or a deed of trust or who has acquired the
51 residential real property by a deed in lieu of foreclosure;
52 (7) A transfer by a fiduciary in the course of the administration of a
5
1 decedent's estate, a guardianship, a conservatorship, or a trust;
2 (8) A transfer from one (1) co-owner to one (1) or more other co-owners;
3 (9) A transfer made to the transferor's spouse or to one (1) or more per-
4 sons in the lineal line of consanguinity of one (1) or more of the
5 transferors;
6 (10) A transfer between spouses or former spouses as a result of a decree
7 of divorce, dissolution of marriage, annulment, or legal separation or as a
8 result of a property settlement agreement incidental to a decree of divorce,
9 dissolution of marriage, annulment, or legal separation;
10 (11) A transfer to or from the state, a political subdivision of the
11 state, or another governmental entity;
12 (12) A transfer that involved newly constructed residential real property
13 that previously has not been inhabited, except that disclosure of annexation
14 and city service status shall be declared by the sellers of such newly con-
15 structed residential real property in accordance with the provisions of sec-
16 tion 55-2508, Idaho Code;
17 (13) A transfer to a transferee who has occupied the property as a per-
18 sonal residence for one (1) or more years immediately prior to the transfer;
19 (14) A transfer from a transferor who both has not occupied the property
20 as a personal residence within one (1) year immediately prior to the transfer
21 and has acquired the property through inheritance or devise;
22 (15) A transfer by a relocation company to a transferee within one (1)
23 year from the date that the previous owner occupied the property.;
24 (16) A transfer from a decedent's estate.
25 SECTION 5. That Section 55-2508, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 55-2508. DISCLOSURE FORM. The disclosures required by the provisions of
28 this article pertaining to the property proposed to be transferred are set
29 forth in and shall be made on a copy of the following disclosure form or an
30 alternative form as provided in section 55-2506, Idaho Code:
31 SELLER PROPERTY DISCLOSURE FORM
32 SELLER'S NAME AND ADDRESS: ...................................................
33 Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
34 property to complete a property condition disclosure form.
35 PURPOSE OF STATEMENT: This is a statement of the conditions and informa-
36 tion concerning the property known by the Seller. Unless otherwise advised,
37 the Seller does not possess any expertise in construction, architectural,
38 engineering or any other specific areas related to the construction or condi-
39 tion of the improvements on the property. Other than having lived at or owning
40 the property, the Seller possesses no greater knowledge than that which could
41 be obtained upon a careful inspection of the property by the potential buyer.
42 Unless otherwise advised, the Seller has not conducted any inspection of gen-
43 erally inaccessible areas such as the foundation or roof. It is not a warranty
44 of any kind by the Seller or by any agent representing any Seller in this
45 transaction. It is not a substitute for any inspections. Purchaser is encour-
46 aged to obtain his/her own professional inspections. Notwithstanding that
47 transfer of newly constructed residential real property that previously has
48 not been inhabited is exempt from disclosure pursuant to section 55-2505,
49 Idaho Code, Sellers of such newly constructed residential real property shall
50 disclose information regarding annexation and city services in the form as
51 prescribed in questions 1. and 2.
6
1 1. Is the property located in an area of city impact, adjacent or contiguous
2 to a city limits, and thus legally subject to annexation by the city? .... Yes
3 .... No
4 2. Does the property, if not within city limits, receive any city services?
5 .... Yes .... No
6 3. All appliances and service systems included in the sale, (such as
7 refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
8 uum, microwave oven, trash compactor, smoke detectors, tv antenna/dish,
9 fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.)
10 are functioning properly except: (please list and explain) ...................
11 ..............................................................................
12 ..............................................................................
13 24. Specify problems with the following:
14 Basement water ...........................................................
15 Foundation ...............................................................
16 Roof condition and age ...................................................
17 Well (type) ...................... problem ...............................
18 Septic system (type) ............. problem ...............................
19 Plumbing .................................................................
20 Drainage .................................................................
21 Electrical ...............................................................
22 Heating ..................................................................
23 35. Describe any conditions that may affect your ability to clear title (such
24 as encroachments, easements, zoning violations, lot line disputes, etc.): ....
25 46. Are you aware of any hazardous materials or pest infestations on the
26 property? ....................................................................
27 57. Have any substantial additions or alterations been made without a build-
28 ing permit? ..................................................................
29 68. Any other problems, including legal, physical or other not listed above
30 that you know concerning the property: .......................................
31 The Seller certifies that the information herein is true and correct to
32 the best of Seller's knowledge as of the date signed by the Seller. The Seller
33 is familiar with the residential real property and each act performed in mak-
34 ing a disclosure of an item of information is made and performed in good
35 faith.
36 I/we acknowledge receipt of a copy of this statement.
37 Seller: Buyer:
38 ........................ .........................
39 Date: .................. Date: ...................
40 ........................ .........................
41 Date: .................. Date: ...................
42 SECTION 6. That Section 67-6526, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
45 board of each county and each city therein shall adopt by ordinance following
46 the notice and hearing procedures provided in section 67-6509, Idaho Code, a
47 map identifying an area of city impact within the unincorporated area of the
48 county. A separate ordinance providing for application of plans and ordinances
49 for the area of city impact shall be adopted. Subject to the provisions of
50 section 50-222, Idaho Code, an area of city impact must be established before
51 a city may annex adjacent territory. This separate ordinance shall provide for
7
1 one (1) of the following:
2 (1) Application of the city plan and ordinances adopted under this chap-
3 ter to the area of city impact; or
4 (2) Application of the county plan and ordinances adopted under this
5 chapter to the area of city impact; or
6 (3) Application of any mutually agreed upon plan and ordinances adopted
7 under this chapter to the area of city impact.
8 Areas of city impact, together with plan and ordinance requirements, may
9 cross county boundaries by agreement of the city and county concerned if the
10 city is within three (3) miles of the adjoining county.
11 (b) If the requirements of section 67-6526(a), Idaho Code, are not met by
12 January 1, 2000, the have not been met, either the city or the county may
13 demand compliance with this section by providing written notice to the other
14 of said demand for compliance. Once a demand has been made, the city shall
15 select its representative as hereinafter provided, within thirty (30) days of
16 said demand, and the process set forth in this subsection shall commence. The
17 county commissioners for the county concerned, together with three (3) elected
18 city officials designated by the mayor of the city and confirmed by the coun-
19 cil, shall, within thirty (30) days after the city officials have been con-
20 firmed by the council, select three (3) city or county residents. These nine
21 (9) persons shall, by majority vote, recommend to the city and county govern-
22 ing boards an area of city impact together with plan and ordinance require-
23 ments. The recommendations shall be submitted to the governing boards within
24 one hundred eighty (180) days after the selection of the three (3) at-large
25 members at large and shall be acted upon by the governing boards within sixty
26 (60) days of receipt. If the city or county fails to enact ordinances provid-
27 ing for an area of city impact, plan, and ordinance requirements, either the
28 city or county may seek a declaratory judgment from the district court identi-
29 fying the area of city impact, and plan and ordinance requirements. In defin-
30 ing an area of city impact, the following factors shall be considered: (1)
31 trade area; (2) geographic factors; and (3) areas that can reasonably be
32 expected to be annexed to the city in the future.
33 (c) If areas of city impact overlap, the cities involved shall negotiate
34 boundary adjustments to be recommended to the respective city councils. If the
35 cities cannot reach agreement, the board of county commissioners shall, upon a
36 request from either city, within thirty (30) days, recommend adjustments to
37 the areas of city impact which shall be adopted by ordinance by the cities
38 following the notice and hearing procedures provided in section 67-6509, Idaho
39 Code. If any city objects to the recommendation of the board of county commis-
40 sioners, the county shall conduct an election, subject to the provisions of
41 section 34-106, Idaho Code, and establish polling places for the purpose of
42 submitting to the qualified electors residing in the overlapping impact area,
43 the question of which area of city impact the electors wish to reside. The
44 results of the election shall be conclusive and binding, and no further pro-
45 ceedings shall be entertained by the board of county commissioners, and the
46 decision shall not be appealable by either city involved. The clerk of the
47 board of county commissioners shall by abstract of the results of the elec-
48 tion, certify that fact, record the same and transmit copies of the original
49 abstract of the result of the election to the clerk of the involved cities.
50 (d) Areas of city impact, plan, and ordinance requirements shall remain
51 fixed until both governing boards agree to renegotiate. In the event the city
52 and county cannot agree, the judicial review process of subsection (b) of this
53 section shall apply. Renegotiations shall begin within thirty (30) days after
54 written request by the city or county and shall follow the procedures for
55 original negotiation provided in this section.
8
1 (e) Prior to negotiation or renegotiation of areas of city impact, plan,
2 and ordinance requirements, the governing boards shall submit the questions to
3 the planning, zoning, or planning and zoning commission for recommendation.
4 Each commission shall have a reasonable time fixed by the governing board to
5 make its recommendations to the governing board. The governing boards shall
6 undertake a review at least every ten (10) years of the city impact plan and
7 ordinance requirements to determine whether renegotiations are in the best
8 interests of the citizenry.
9 (f) This section shall not preclude growth and development in areas of
10 any county within the state of Idaho which are not within the areas of city
11 impact provided for herein.
12 (g) If the area of impact has been delimited pursuant to the provisions
13 of subsection (a) (1) of this section, persons living within the delimited
14 area of impact shall be entitled to representation on the planning, zoning, or
15 the planning and zoning commission of the city of impact. Such representation
16 shall as nearly as possible reflect the proportion of population living within
17 the city as opposed to the population living within the areas of impact for
18 that city. To achieve such proportional representation, membership of the
19 planning, zoning or planning and zoning commission, may exceed twelve (12)
20 persons, notwithstanding the provisions of subsection (a) of section 67-6504,
21 Idaho Code. In instances where a city has combined either or both of its plan-
22 ning and zoning functions with the county, representation on the resulting
23 joint planning, zoning or planning and zoning commission shall as nearly as
24 possible reflect the proportion of population living within the impacted city,
25 the area of city impact outside the city, and the remaining unincorporated
26 area of the county. Membership on such a joint planning, zoning or planning
27 and zoning commission may exceed twelve (12) persons, notwithstanding the pro-
28 visions of subsection (a) of section 67-6504, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Frasure
Seconded by Williams
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1167
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 5, following "Annexation of"
3 insert: "contiguous or adjacent"; delete lines 6 and 7, and insert:
4 "contiguous or adjacent to any city may be annexed by the city if the annex-
5 ation is"; in line 8, delete "and by the city"; delete lines 18 and 19, and
6 insert: "land becomes contiguous or adjacent to the city.".
7 CORRECTION TO TITLE
8 On page 1, in line 5, following "LAND" insert: "WHICH IS CONTIGUOUS OR
9 ADJACENT".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE SENATE
SENATE BILL NO. 1167, As Amended
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS; REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY, TO PROVIDE FOR ANNEXATION OF LAND WHICH IS CONTIGUOUS
6 OR ADJACENT TO A CITY WITH CONSENT OF THE LANDOWNER, TO PROVIDE FOR ANNEX-
7 ATION OF LAND WHICH IS CONTIGUOUS OR ADJACENT TO A CITY WHEN NOT ALL LAND-
8 OWNERS GIVE THEIR CONSENT AND TO PROVIDE FOR ANNEXATION OF NONCONTIGUOUS
9 MUNICIPAL AIRFIELD; REPEALING SECTION 50-222A, IDAHO CODE; AMENDING SEC-
10 TION 55-2505, IDAHO CODE, TO PROVIDE AN EXCEPTION TO THE EXEMPTION FROM
11 DISCLOSURE OF TRANSFERS OF NEWLY CONSTRUCTED RESIDENTIAL PROPERTY THAT
12 PREVIOUSLY HAS NOT BEEN INHABITED AND TO MAKE A TECHNICAL CORRECTION;
13 AMENDING SECTION 55-2508, IDAHO CODE, TO PROVIDE THAT A SELLER'S DISCLO-
14 SURE STATEMENT SHALL INCLUDE TWO QUESTIONS RELATIVE TO NEWLY CONSTRUCTED
15 RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED; AND
16 AMENDING SECTION 67-6526, IDAHO CODE, TO PROVIDE A DEMAND PROCEDURE TO
17 FACILITATE COMPLIANCE WITH LAW FOR THOSE COUNTIES AND CITIES WHICH HAVE
18 NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR THE IDENTIFICATION OF AN
19 AREA OF CITY IMPACT WITHIN THE UNINCORPORATED AREA OF THE COUNTY OR FOR
20 APPLICATION OF PLANS AND ORDINANCES FOR SUCH AREA OF CITY IMPACT, TO PRO-
21 VIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and to read as follows:
28 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines that it is the policy of the state of Idaho
30 that cities of the state should be able to annex lands which are reasonably
31 necessary to assure the orderly development of Idaho's cities in order to
32 allow efficient and economically viable provision of tax-supported and fee-
33 supported municipal services, to enable the orderly development of private
34 lands which benefit from the cost-effective availability of municipal services
35 in urbanizing areas and to equitably allocate the costs of public services in
36 management of development on the urban fringe.
37 (2) General authority. Ordinances which provide for the annexation of
38 land into a city shall conform to the procedures required in this section. In
39 any annexation proceeding, all portions of highways lying wholly or partially
40 within an area to be annexed shall be included within the area annexed unless
41 expressly agreed between the annexing city and the governing board of the
42 highway agency providing road maintenance at the time of annexation. Provided
2
1 further, that said city council shall not have the power to declare such land,
2 lots or blocks a part of said city if they will be connected to such city only
3 by a shoestring or strip of land which comprises a railroad or highway right-
4 of-way.
5 (3) Annexation of contiguous or adjacent land with the consent of the
6 landowner. Lands lying contiguous or adjacent to any city may be annexed by
7 the city if the annexation is consented to by the property owner or owners of
8 the land; provided that if a duly adopted area of impact exists, part or all
9 of the lands to be annexed with consent shall be located therein. Provided
10 further, that if a duly adopted area of impact exists and all of the land to
11 be annexed with consent is located outside of the area of impact, the approval
12 of the board of county commissioners of the county in which said property lies
13 shall also be required. Such consent, when recorded in the county recorder's
14 office, shall be binding upon subsequent purchasers, heirs, or assigns of the
15 property. Property need not be contiguous or adjacent to the city limits to be
16 subject to a valid consent to annex, however, no annexation shall occur until
17 such land becomes contiguous or adjacent to the city. Planning and zoning pro-
18 cedures set forth in chapter 65, title 67, Idaho Code, shall be followed con-
19 current with enactment of an ordinance of annexation to establish the zoning
20 classification of the property.
21 (4) Annexation of contiguous or adjacent land when not consented to by
22 all landowners. A city may annex land without the consent of the property
23 owner only upon compliance with the following:
24 (a) In considering an annexation wherein consent has not been obtained
25 from all property owners, the city shall follow the notice and hearing
26 procedures governing a zoning district boundary change set forth in sec-
27 tion 67-6511, Idaho Code, on the question of whether the property should
28 be annexed and, if annexed, the zoning designation to be applied thereto;
29 provided however, that the initial notice of public hearing concerning the
30 question of annexation and zoning shall be published in the official news-
31 paper of the city and mailed by first class mail to every property owner
32 with lands included in such annexation proposal, not less than twenty-
33 eight (28) days prior to the initial public hearing. All public hearing
34 notices shall establish a time and procedure by which comments concerning
35 the proposed annexation may be received in writing and heard, and addi-
36 tionally, those public hearing notices delivered by mail shall include a
37 brief summary of the city's proposed annexation plan and provide informa-
38 tion where the annexation plan may be obtained, without charge, by any
39 property owner whose property would be subject to the annexation proposal.
40 (b) Prior to advertising a public hearing concerning annexation and zon-
41 ing to which not all property owners have consented, a city shall prepare
42 an annexation plan appropriate to the scale of the annexation contem-
43 plated, which shall include, at a minimum, the following elements:
44 (i) The manner of providing tax-supported municipal services to the
45 lands proposed to be annexed, whether by extension of existing facil-
46 ities and/or personnel or by construction or establishment of new
47 facilities and/or employment of new personnel.
48 (ii) The changes in taxation and other costs, using examples, which
49 would result if the subject lands were to be annexed.
50 (iii) The means of providing fee-supported municipal services, if
51 any, to the lands proposed to be annexed.
52 (iv) A brief analysis of the potential effects of annexation upon
53 other units of local government which currently provide tax-supported
54 or fee-supported services to the lands proposed to be annexed.
55 (v) The future land use plan and zoning designations, subject to
3
1 public hearing, for the lands proposed to be annexed.
2 (c) The property shall be contiguous or adjacent to the city and lie
3 within the city's area of impact.
4 (d) If lands meet any of the following conditions, the lands shall be
5 included within an annexation proposal when consent has not been obtained
6 from the property owner:
7 (i) The land shall be laid off into lots or blocks containing not
8 more than five (5) acres of land each, whether the same may have been
9 or may be laid off, subdivided or platted in accordance with any
10 statute of this state or otherwise, or by the property owner or pro-
11 prietor or any person by or with his authority; or
12 (ii) Tracts have been sold off or sales have begun from such contig-
13 uous or adjacent lands by metes and bounds in tracts not exceeding
14 five (5) acres; or
15 (iii) Railroad right-of-way property may be annexed pursuant to this
16 section only when property within the city will adjoin both sides of
17 the right-of-way, notwithstanding any other provision of this sec-
18 tion; or
19 (iv) The lands are surrounded by the city.
20 (e) Notwithstanding the foregoing, splits of ownership which conform to
21 the following standards shall not serve to establish eligibility for
22 annexation without consent of the property owner:
23 (i) Any land split that occurred prior to January 1, 1975, and was
24 the result of placement of public utilities, public roads or high-
25 ways, or railroad lines through the property shall not be considered
26 an intent to develop such land and shall not be sufficient evidence
27 that the land has been laid off or subdivided into lots or blocks.
28 (ii) A single sale of five (5) acres or less to a family member of
29 the property owner for the purpose of constructing a residence shall
30 not constitute a sale within the meaning of this section. For the
31 purposes of this section, "family member" means a natural person or
32 the spouse of a natural person who is related to the property owner
33 by blood, adoption or marriage within the first degree of consanguin-
34 ity. The exception of a "single sale" to a family member means one
35 (1) sale of such parcel after January 1, 1975.
36 (f) Despite meeting the standards set forth elsewhere in this section,
37 lands meeting the following standards shall not be subject to annexation
38 without the consent of the property owner:
39 (i) Property owned by a county or any entity within the county
40 which property is used as a fairgrounds area under the provisions of
41 chapter 2, title 22, or chapter 8, title 31, Idaho Code, shall not be
42 annexed without the consent of a majority of the board of county com-
43 missioners of the county in which said property lies.
44 (ii) Notwithstanding any other provision of law, no city council
45 shall have authority to annex property owned by a nongovernmental
46 entity used to provide outdoor recreational activities to the public
47 which has been designated as a planned unit development of fifty (50)
48 acres or more and does not require or utilize any city services,
49 without the express written permission of the nongovernmental entity
50 whose property is subject to annexation.
51 (g) After considering the written and oral comments of property owners
52 whose land may be annexed and other affected persons, the city council may
53 proceed with enactment of an ordinance of annexation and zoning. In the
54 course of consideration of such ordinance, the city shall make express
55 findings as follows:
4
1 (i) That the land to be annexed meets the requirements of para-
2 graphs (c) and (d) of this subsection (4) and does not fall within
3 the exceptions or conditional exceptions specified in paragraphs (e)
4 and (f) of this subsection (4); and
5 (ii) That the annexation would be consistent with the public pur-
6 poses addressed in the annexation plan prepared by the city; and
7 (iii) That the annexation is reasonably necessary for orderly devel-
8 opment of the city.
9 (h) The decision of a city council to annex and zone lands without the
10 express consent of the property owner shall be subject to judicial review
11 in accordance with the procedures provided in chapter 52, title 67, Idaho
12 Code, pursuant to the standards set forth in section 67-5279, Idaho Code.
13 Any such appeal shall be filed in the appropriate district court no later
14 than twenty-eight (28) days after the date of publication of the annex-
15 ation ordinance. All cases in which there may arise a question of the
16 validity of any annexation under this section shall be advanced as a mat-
17 ter of immediate public interest and concern, and shall be heard at the
18 earliest practicable time.
19 (5) Annexation of noncontiguous municipal airfield. A city may annex land
20 that is not contiguous to the city and is occupied by a municipally owned or
21 operated airport or landing field. However, a city may not annex any other
22 land adjacent to such noncontiguous facilities which is not otherwise
23 annexable pursuant to this section.
24 SECTION 3. That Section 50-222A, Idaho Code, be, and the same is hereby
25 repealed.
26 SECTION 4. That Section 55-2505, Idaho Code, be, and the same is hereby
27 amended to read as follows:
28 55-2505. EXEMPTIONS. The provisions of this chapter do not apply to any
29 transfer of residential real property that is any of the following:
30 (1) A transfer pursuant to court order including, but not limited to, a
31 transfer ordered by a probate court during the administration of a decedent's
32 estate, a transfer pursuant to a writ of execution, a transfer by a trustee in
33 bankruptcy, a transfer as a result of the exercise of the power of eminent
34 domain, and a transfer that results from a decree for specific performance of
35 a contract or other agreement between persons;
36 (2) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclo-
37 sure or in satisfaction of the mortgage debt;
38 (3) A transfer to a beneficiary of a deed of trust by a trustor in
39 default;
40 (4) A transfer by a foreclosure sale that follows a default in the satis-
41 faction of an obligation secured by a mortgage;
42 (5) A transfer by a sale under a power of sale following a default in the
43 satisfaction of an obligation that is secured by a deed of trust or another
44 instrument containing a power of sale occurring within one (1) year of fore-
45 closure on the default;
46 (6) A transfer by a mortgagee, or a beneficiary under a deed of trust,
47 who has acquired the residential real property at a sale conducted pursuant to
48 a power of sale under a mortgage or a deed of trust or who has acquired the
49 residential real property by a deed in lieu of foreclosure;
50 (7) A transfer by a fiduciary in the course of the administration of a
51 decedent's estate, a guardianship, a conservatorship, or a trust;
52 (8) A transfer from one (1) co-owner to one (1) or more other co-owners;
5
1 (9) A transfer made to the transferor's spouse or to one (1) or more per-
2 sons in the lineal line of consanguinity of one (1) or more of the
3 transferors;
4 (10) A transfer between spouses or former spouses as a result of a decree
5 of divorce, dissolution of marriage, annulment, or legal separation or as a
6 result of a property settlement agreement incidental to a decree of divorce,
7 dissolution of marriage, annulment, or legal separation;
8 (11) A transfer to or from the state, a political subdivision of the
9 state, or another governmental entity;
10 (12) A transfer that involved newly constructed residential real property
11 that previously has not been inhabited, except that disclosure of annexation
12 and city service status shall be declared by the sellers of such newly con-
13 structed residential real property in accordance with the provisions of sec-
14 tion 55-2508, Idaho Code;
15 (13) A transfer to a transferee who has occupied the property as a per-
16 sonal residence for one (1) or more years immediately prior to the transfer;
17 (14) A transfer from a transferor who both has not occupied the property
18 as a personal residence within one (1) year immediately prior to the transfer
19 and has acquired the property through inheritance or devise;
20 (15) A transfer by a relocation company to a transferee within one (1)
21 year from the date that the previous owner occupied the property.;
22 (16) A transfer from a decedent's estate.
23 SECTION 5. That Section 55-2508, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 55-2508. DISCLOSURE FORM. The disclosures required by the provisions of
26 this article pertaining to the property proposed to be transferred are set
27 forth in and shall be made on a copy of the following disclosure form or an
28 alternative form as provided in section 55-2506, Idaho Code:
29 SELLER PROPERTY DISCLOSURE FORM
30 SELLER'S NAME AND ADDRESS: ...................................................
31 Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
32 property to complete a property condition disclosure form.
33 PURPOSE OF STATEMENT: This is a statement of the conditions and informa-
34 tion concerning the property known by the Seller. Unless otherwise advised,
35 the Seller does not possess any expertise in construction, architectural,
36 engineering or any other specific areas related to the construction or condi-
37 tion of the improvements on the property. Other than having lived at or owning
38 the property, the Seller possesses no greater knowledge than that which could
39 be obtained upon a careful inspection of the property by the potential buyer.
40 Unless otherwise advised, the Seller has not conducted any inspection of gen-
41 erally inaccessible areas such as the foundation or roof. It is not a warranty
42 of any kind by the Seller or by any agent representing any Seller in this
43 transaction. It is not a substitute for any inspections. Purchaser is encour-
44 aged to obtain his/her own professional inspections. Notwithstanding that
45 transfer of newly constructed residential real property that previously has
46 not been inhabited is exempt from disclosure pursuant to section 55-2505,
47 Idaho Code, Sellers of such newly constructed residential real property shall
48 disclose information regarding annexation and city services in the form as
49 prescribed in questions 1. and 2.
6
1 1. Is the property located in an area of city impact, adjacent or contiguous
2 to a city limits, and thus legally subject to annexation by the city? .... Yes
3 .... No
4 2. Does the property, if not within city limits, receive any city services?
5 .... Yes .... No
6 3. All appliances and service systems included in the sale, (such as
7 refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
8 uum, microwave oven, trash compactor, smoke detectors, tv antenna/dish,
9 fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.)
10 are functioning properly except: (please list and explain) ...................
11 ..............................................................................
12 ..............................................................................
13 24. Specify problems with the following:
14 Basement water ...........................................................
15 Foundation ...............................................................
16 Roof condition and age ...................................................
17 Well (type) ...................... problem ...............................
18 Septic system (type) ............. problem ...............................
19 Plumbing .................................................................
20 Drainage .................................................................
21 Electrical ...............................................................
22 Heating ..................................................................
23 35. Describe any conditions that may affect your ability to clear title (such
24 as encroachments, easements, zoning violations, lot line disputes, etc.): ....
25 46. Are you aware of any hazardous materials or pest infestations on the
26 property? ....................................................................
27 57. Have any substantial additions or alterations been made without a build-
28 ing permit? ..................................................................
29 68. Any other problems, including legal, physical or other not listed above
30 that you know concerning the property: .......................................
31 The Seller certifies that the information herein is true and correct to
32 the best of Seller's knowledge as of the date signed by the Seller. The Seller
33 is familiar with the residential real property and each act performed in mak-
34 ing a disclosure of an item of information is made and performed in good
35 faith.
36 I/we acknowledge receipt of a copy of this statement.
37 Seller: Buyer:
38 ........................ .........................
39 Date: .................. Date: ...................
40 ........................ .........................
41 Date: .................. Date: ...................
42 SECTION 6. That Section 67-6526, Idaho Code, be, and the same is hereby
43 amended to read as follows:
44 67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
45 board of each county and each city therein shall adopt by ordinance following
46 the notice and hearing procedures provided in section 67-6509, Idaho Code, a
47 map identifying an area of city impact within the unincorporated area of the
48 county. A separate ordinance providing for application of plans and ordinances
49 for the area of city impact shall be adopted. Subject to the provisions of
50 section 50-222, Idaho Code, an area of city impact must be established before
51 a city may annex adjacent territory. This separate ordinance shall provide for
7
1 one (1) of the following:
2 (1) Application of the city plan and ordinances adopted under this chap-
3 ter to the area of city impact; or
4 (2) Application of the county plan and ordinances adopted under this
5 chapter to the area of city impact; or
6 (3) Application of any mutually agreed upon plan and ordinances adopted
7 under this chapter to the area of city impact.
8 Areas of city impact, together with plan and ordinance requirements, may
9 cross county boundaries by agreement of the city and county concerned if the
10 city is within three (3) miles of the adjoining county.
11 (b) If the requirements of section 67-6526(a), Idaho Code, are not met by
12 January 1, 2000, the have not been met, either the city or the county may
13 demand compliance with this section by providing written notice to the other
14 of said demand for compliance. Once a demand has been made, the city shall
15 select its representative as hereinafter provided, within thirty (30) days of
16 said demand, and the process set forth in this subsection shall commence. The
17 county commissioners for the county concerned, together with three (3) elected
18 city officials designated by the mayor of the city and confirmed by the coun-
19 cil, shall, within thirty (30) days after the city officials have been con-
20 firmed by the council, select three (3) city or county residents. These nine
21 (9) persons shall, by majority vote, recommend to the city and county govern-
22 ing boards an area of city impact together with plan and ordinance require-
23 ments. The recommendations shall be submitted to the governing boards within
24 one hundred eighty (180) days after the selection of the three (3) at-large
25 members at large and shall be acted upon by the governing boards within sixty
26 (60) days of receipt. If the city or county fails to enact ordinances provid-
27 ing for an area of city impact, plan, and ordinance requirements, either the
28 city or county may seek a declaratory judgment from the district court identi-
29 fying the area of city impact, and plan and ordinance requirements. In defin-
30 ing an area of city impact, the following factors shall be considered: (1)
31 trade area; (2) geographic factors; and (3) areas that can reasonably be
32 expected to be annexed to the city in the future.
33 (c) If areas of city impact overlap, the cities involved shall negotiate
34 boundary adjustments to be recommended to the respective city councils. If the
35 cities cannot reach agreement, the board of county commissioners shall, upon a
36 request from either city, within thirty (30) days, recommend adjustments to
37 the areas of city impact which shall be adopted by ordinance by the cities
38 following the notice and hearing procedures provided in section 67-6509, Idaho
39 Code. If any city objects to the recommendation of the board of county commis-
40 sioners, the county shall conduct an election, subject to the provisions of
41 section 34-106, Idaho Code, and establish polling places for the purpose of
42 submitting to the qualified electors residing in the overlapping impact area,
43 the question of which area of city impact the electors wish to reside. The
44 results of the election shall be conclusive and binding, and no further pro-
45 ceedings shall be entertained by the board of county commissioners, and the
46 decision shall not be appealable by either city involved. The clerk of the
47 board of county commissioners shall by abstract of the results of the elec-
48 tion, certify that fact, record the same and transmit copies of the original
49 abstract of the result of the election to the clerk of the involved cities.
50 (d) Areas of city impact, plan, and ordinance requirements shall remain
51 fixed until both governing boards agree to renegotiate. In the event the city
52 and county cannot agree, the judicial review process of subsection (b) of this
53 section shall apply. Renegotiations shall begin within thirty (30) days after
54 written request by the city or county and shall follow the procedures for
55 original negotiation provided in this section.
8
1 (e) Prior to negotiation or renegotiation of areas of city impact, plan,
2 and ordinance requirements, the governing boards shall submit the questions to
3 the planning, zoning, or planning and zoning commission for recommendation.
4 Each commission shall have a reasonable time fixed by the governing board to
5 make its recommendations to the governing board. The governing boards shall
6 undertake a review at least every ten (10) years of the city impact plan and
7 ordinance requirements to determine whether renegotiations are in the best
8 interests of the citizenry.
9 (f) This section shall not preclude growth and development in areas of
10 any county within the state of Idaho which are not within the areas of city
11 impact provided for herein.
12 (g) If the area of impact has been delimited pursuant to the provisions
13 of subsection (a) (1) of this section, persons living within the delimited
14 area of impact shall be entitled to representation on the planning, zoning, or
15 the planning and zoning commission of the city of impact. Such representation
16 shall as nearly as possible reflect the proportion of population living within
17 the city as opposed to the population living within the areas of impact for
18 that city. To achieve such proportional representation, membership of the
19 planning, zoning or planning and zoning commission, may exceed twelve (12)
20 persons, notwithstanding the provisions of subsection (a) of section 67-6504,
21 Idaho Code. In instances where a city has combined either or both of its plan-
22 ning and zoning functions with the county, representation on the resulting
23 joint planning, zoning or planning and zoning commission shall as nearly as
24 possible reflect the proportion of population living within the impacted city,
25 the area of city impact outside the city, and the remaining unincorporated
26 area of the county. Membership on such a joint planning, zoning or planning
27 and zoning commission may exceed twelve (12) persons, notwithstanding the pro-
28 visions of subsection (a) of section 67-6504, Idaho Code.
STATEMENT OF PURPOSE
RS 10952C2
This legislation is intended to provide affected citizens with
far more information concerning any annexation proposal, to
accord citizens a meaningful opportunity to be heard regarding
annexation and zoning decisions, and to establish standards
and procedural requirements that clearly define the
obligations of cities as they consider annexation of
developing lands.
Cities would be required to develop annexation plans and make
the contents of those plans readily available to the
interested public.
A public hearing would have to be held regarding annexation
(not just zoning) with extended notice requirements (twenty-
eight first class mail to all affected property owners.
Annexation decisions would be required to address public
policy considerations set forth in the statutes, with specific
findings that the statutes have been satisfied.
Opportunity for independent judicial review would be provided
to determine that statutory procedures have been followed and
that statutory standards have been met.
Refinements in drafting would recognize the annexation
statutes to make them more understandable, with readers less
prone to becoming lost in the current confusing verbiage.
The area of city impact statute would be modified to require
cities to name their designated representatives on dispute
resolution committees within thirty (30) days after the date
that county commissioners elect to pursue that approach.
Annexation of property owners consent can proceed upon
compliance with the Local Planning Act regarding zoning.
The standardized property seller disclosure form (Idaho Code
55-2508) would be modified to require disclosure of area of
city impact status and annexation potential to purchasers.
The city and county governing boards will be required to
undertake a review at least every ten (10) years of the city
impact plan and ordinance requirements.
FISCAL IMPACT
Cities will have additional costs for preparing annexation
plans, mailing of notices, and publication of additional
notices. The amounts will vary depending upon the number of
annexations and the number of residents to be notified.
Contact
Name: Senator Moon Wheeler
Phone:
332-1409
Name: Senator Jerry Thorne
Phone:
332-1323
Name: Representative Lee Gagner
Phone:
332-1000
Name: Representative Sher Seilman
Phone:
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 116