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H0457........................................................by MR. SPEAKER
Requested by: Department of Transportation
FUTURE ACQUISITIONS MAP - Amends existing law to provide a process by which
any public agency with eminent domain power may have a future acquisitions
map amended, adopted or repealed; to provide for notification of an
affected property owner; and to provide that the property in question be
removed from consideration by a planning and zoning commission for any
permits or changes in zoning classification.
01/12 House intro - 1st rdg - to printing
01/12 Rpt prt - to Transp
H0457|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 457 BY MR. SPEAKER Requested by: Department of Transportation 1 AN ACT 2 RELATING TO FUTURE ACQUISITIONS MAPS; AMENDING SECTION 67-6517, IDAHO CODE, TO 3 AUTHORIZE ANY PUBLIC AGENCY WITH EMINENT DOMAIN POWER TO SUBMIT A REQUEST 4 TO ADOPT OR REVISE A FUTURE ACQUISITIONS MAP TO A PLANNING AND ZONING COM- 5 MISSION OR GOVERNING BOARD, TO REQUIRE THE PLANNING AND ZONING COMMISSION 6 TO HOLD PUBLIC HEARINGS AND TO FORWARD RECOMMENDATIONS TO THE GOVERNING 7 BOARD FOR ACTION, TO REQUIRE THE PLANNING AND ZONING COMMISSION TO NOTIFY 8 THE PUBLIC AGENCY PROPOSING TO ACQUIRE ANY LANDS ON THE FUTURE ACQUISI- 9 TIONS MAP OF ANY APPLICATIONS FOR PERMITS TO DEVELOP THOSE LANDS, AND TO 10 ALLOW PROPERTY OWNERS TO PETITION THE GOVERNING BOARD FOR A WAIVER OF TIME 11 RESTRICTIONS DUE TO UNDUE HARDSHIP. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Section 67-6517, Idaho Code, be, and the same is hereby 14 amended to read as follows: 15 67-6517. FUTURE ACQUISITIONS MAP. (1) Upon the recommenda- 16 tion of the planning or planning and zoning commission each governing board 17 may adopt, amend, or repeal a future acquisitions map in accordance with the 18 notice and hearing procedures provided in section 67-6509, Idaho Code. The map 19 shall designate land proposed for acquisition by a public agency for a maximum 20 twenty (20) year period. 21 (2) Any public agency which is authorized by Idaho Code to employ 22 the power of eminent domain to acquire property for any of the purposes in 23 subsection (3) of this section, may, at its discretion, submit a request to 24 adopt, amend or repeal a future acquisitions map to a planning or planning and 25 zoning commission or governing board. A request to adopt, amend or repeal a 26 future acquisitions map shall include the following components in addition to 27 more specific requirements that may be stipulated in subsection (3) of this 28 section: 29 (a) An identification of the type of property for which future acquisi- 30 tions are to be preserved, using categories listed in subsection (3) of 31 this section; 32 (b) A written summary of the request and an explanation of the public 33 purpose to be accomplished by adopting the requested future acquisitions 34 map; 35 (c) A one (1) inch to eight hundred (800) foot scale, or larger, map of 36 the area within which future acquisitions are to be considered and on 37 which is shown: map scale; north arrow; township, range and section refer- 38 ences; at least two (2) public land survey corners, or in lieu of public 39 land survey corners, at least two (2) monuments recognized by the city 40 engineer or surveyor or county engineer or surveyor; boundaries of incor- 41 porated municipalities; and all roadways functionally classified as col- 42 lector or arterial. Each parcel of land for which all or any portion of 2 1 the parcel is proposed for future acquisition shall be highlighted on the 2 map and shall be identified thereon with its parcel identification number. 3 (d) A tabular summary of all parcels for which all or any portion of the 4 parcel is proposed for future acquisition, specifically including parcel 5 identification number, current owner of record and any additional informa- 6 tion which may be deemed by the public agency to be helpful in the plan- 7 ning or planning and zoning commission's deliberations. 8 (3) Lands designated for acquisition may include land for: 9 (a) Streets, roads, other public ways, or transportation facilities pro- 10 posed for construction or alteration . A request to adopt or amend a 11 future acquisitions map for streets, roads, other public ways or transpor- 12 tation facilities proposed for construction or alteration shall, in addi- 13 tion to requirements of subsection (2) of this section, include a descrip- 14 tion of the centerline of each right-of-way, the width of right-of-way to 15 be preserved on either side of each centerline and a certificate of a land 16 surveyor under whose responsible charge the centerline descriptions were 17 prepared, certifying the accuracy of their description ; 18 (b) Proposed schools, airports, or other public buildings; 19 (c) Proposed parks or other open spaces; or 20 (d) Lands for other public purposes. 21 (4) Upon receiving a request from a public agency to adopt, amend 22 or repeal a future acquisitions map, the planning or planning and zoning com- 23 mission shall hold public hearings and take action to consider the request in 24 accordance with public notification requirements of section 67-6509, Idaho 25 Code, and shall forward its recommendation to the governing board for action. 26 The governing board shall, upon adoption or amendment of a future acquisitions 27 map, cause such map to be included in the comprehensive plan and to be filed 28 with the county recorder of the county or counties within which lie all prop- 29 erties identified thereon for future acquisition. Upon making the initial fil- 30 ing in a county, the public agency shall reimburse the county recorder for the 31 actual cost of the book for a future acquisitions map. 32 (5) Upon receipt of a nrequest33 application for a permit as defined in this chapter, a change in 34 zoning classification, a special use permit as defined in section 67-6512, 35 Idaho Code, a building permit as defined in chapter 41, title 39, Idaho Code, 36 or a building permit as defined in a local ordinance,for a37development on any landsaffecting a parcel, for which all or any 38 portion of the parcel is designated for future acquisition 39 uponthea future acquisitions map, the zoning or 40 planning and zoning commission or the governing board shall notify the public 41 agency proposing to acquire the land. Within thirty (30) days of the date of 42 that notice, the public agency may, in writing, request the commission or gov- 43 erning board to suspend consideration of the permit , special use permit, 44 building permit or change in zoning classification for sixty (60) days 45 from the date of the request to allow the public agency tonegotiate46with the land owner to obtain an option to purchase the land, acquire the47land, or institute condemnationnotify the property owner of its 48 intent to acquire the property either by negotiation or eminent domain 49 proceedings as may be authorized in the Idaho Code. The public agency 50 shall initiate the property acquisition process or institute eminent domain 51 actions in accordance with state and federal law within the sixty (60) day 52 period or forego its rights granted herein. At such time as the public agency 53 gives notice to the property owner of its intent to acquire the property and 54 begins the property acquisition process or institutes eminent domain actions, 55 the planning or planning and zoning commission or governing board shall 3 1 exclude from further consideration that portion of the land being so acquired. 2 If the public agency fails to do so within the sixty (60) days, the 3 commission or governing board shall resume consideration of the permit , 4 special use permit, building permit or change in zoning classification . 5 (6) A public agency that files an eminent domain action pursuant to 6 chapter 7, title 7, Idaho Code, to acquire property designated for future 7 acquisition in a future acquisitions map shall be deemed to have satisfied the 8 requirements of subsection 2. of section 7-704, Idaho Code, and subsection 6. 9 of section 7-707, Idaho Code. 10 (7) Nothing in this chapter shall limit a governing board from 11 adopting local ordinances as required or authorized which include lands on the 12 future acquisitions map. 13 (8) Any property owner who owns property, all or any portion of 14 which is identified for future acquisition in a future acquisitions map 15 adopted pursuant to this section and who believes that time restrictions pro- 16 vided herein create an undue hardship, may petition the governing board for a 17 waiver of the time limitations. The governing board may grant a waiver of the 18 time limitations upon a finding of undue hardship only after it shall give 19 notice to affected agencies and hold a public hearing in accordance with the 20 provisions of section 67-6509, Idaho Code.
STATEMENT OF PURPOSE
RS07339C1
This legislation amends Section 67-6517, Idaho Code, FUTURE ACQUISITIONS MAP, authorizing
any public agency having responsibility to acquire land for public purposes, to submit a request to
adopt, amend, or repeal the Future Acquisitions Map to the planning and zoning commission or
governing board prior to development occurring. The local governing board is required to conduct a
public hearing in order to determine whether to adopt, amend, or deny an agency's request to include
public land areas on the Future Acquisitions Map. A process is also provided for a property owner to
petition the governing board of a city or county for a waiver from the time restrictions of this section
based on undue hardship.
FISCAL IMPACT
Public agencies that are able to identify, protect, and purchase lands needed for future construction can
realize substantial savings by acquiring property prior to development. Increasing right-of-way costs
due to growth and development in the state have resulted in delays of needed highway construction
projects.
Public hearing procedures to consider a request to modify a Future Acquisitions Map will be the
responsibility of local governments at an estimated cost of $250.00 per hearing. Approximately twelve
(12) public hearings by local governments could be held annually statewide. Following adoption of the
Future Acquisitions Map and filing with the county, the requesting public agency would reimburse the
county recorder for the actual cost of the book for a Future Acquisitions Map, an estimated $50.00
each. It is estimated, therefore, that the total annual cost for local governments and public agencies
could be $3,600.00.
CONTACT
NAME: Ray Mickelson
AGENCY: Idaho Transportation Department
PHONE: 334-8203
Statement of Purpose/Fiscal Impact
H 457