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H0691...................................................by LOCAL GOVERNMENT
ANNEXATION - Amends existing law to provide conditions under which land
lying within the area of city impact may not be annexed by a municipal
corporation.
02/13 House intro - 1st rdg - to printing
02/16 Rpt prt - to Loc Gov
02/25 Rpt out - rec d/p - to 2nd rdg
02/26 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 65-1-4
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Bivens,
Black(15), Black(23), Boe, Bruneel, Callister, Campbell, Chase,
Clark, Crow, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20),
Gagner, Geddes, Gould, Hadley, Hansen, Henbest, Hornbeck, Jaquet,
Jones(9), Jones(22), Jones(20), Judd, Kellogg, Kempton, Kendell,
Kjellander, Kunz, Lake, Linford, Loertscher, Mader, Marley, McKague,
Meyer, Miller, Mortensen, Newcomb, Pischner, Pomeroy, Reynolds,
Richman, Sali, Schaefer, Stevenson, Stoicheff, Stone, Stubbs, Taylor,
Tilman, Tippets, Trail, Watson, Wheeler, Zimmermann
NAYS -- Ridinger
Absent and excused -- Crane, Robison, Wood, Mr Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/04 Senate intro - 1st rdg - to Loc Gov
03/10 Rpt out - rec d/p - to 2nd rdg
03/11 2nd rdg - to 3rd rdg
03/18 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stennett,
Sweeney, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Hansen
Floor Sponsor - Wheeler
Title apvd - to House
03/19 To enrol - rpt enrol - Sp signed
Pres signed - to Governor
03/20 Governor signed
Session Law Chapter 191
Effective: 07/01/98
H0691|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 691 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO ANNEXATION OF ADJACENT TERRITORY BY MUNICIPAL CORPORATIONS; AMEND- 3 ING SECTION 50-222, IDAHO CODE, TO PROVIDE A CONDITION UNDER WHICH A LAND 4 SPLIT PRIOR TO JANUARY 1, 1975, SHALL NOT BE CONSIDERED AN INTENT TO 5 DEVELOP THE LAND, TO PROVIDE THAT A SINGLE SALE UNDER SPECIFIED CONDITIONS 6 SHALL NOT CONSTITUTE A SALE WITHIN THE MEANING OF THIS SECTION, TO DEFINE 7 "FAMILY MEMBER" AND TO MAKE TECHNICAL CORRECTIONS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 50-222. ANNEXATION OF ADJACENT TERRITORY. (1) On and after January 1, 12 1995, any land lying contiguous or adjacent to any city in the state of Idaho, 13 or to any addition or extension thereof may be annexed by the city only if the 14 land is lying in the area of city impact as determined by procedures contained 15 in section 67-6526, Idaho Code, and the land is laid off into blocks contain- 16 ing not more than five (5) acres of land each, whether the same shall have 17 been or shall be laid off, subdivided or platted in accordance with any stat- 18 ute of this state or otherwise, or whenever the owner or proprietor or any 19 person by or with his authority, has sold or begun to sell off such contiguous 20 or adjacent lands by metes and bounds in tracts not exceeding five (5) acres. 21 Provided however, that any land split that occurred prior to January 1, 22 1975, and was the result of the placement of public utilities, public roads or 23 highways, or railroad lines through the property shall not be considered an 24 intent to develop such land and shall not be sufficient evidence that the land 25 by present owner has been laid off or subdivided in lots or blocks, and pro- 26 vided further that a single sale of five (5) acres or less to a family member 27 of the owner for the purpose of constructing a residence shall not constitute 28 a sale within the meaning of this section. For the purposes of this section, 29 "family member" means a natural person or the spouse of a natural person who 30 is related to the owner by blood, adoption or marriage within the first degree 31 of consanguinity. If a city has not adopted an area of city impact 32 prior to January 1, 1995, the city shall not be prohibited from annexing adja- 33 cent territory if an area of city impact has been adopted in accordance with 34 the provisions of section 67-6526, Idaho Code, prior to annexation and all 35 other requirements for annexation have been met. An owner of land of any size 36 may request that the tract of land be annexed by the city whether the land is 37 or is not contained in the city's area of impact by submitting such request in 38 writing to the city council. If the tract of land is surrounded by or borders 39 the city, the council may, by ordinance, declare the land by proper legal 40 description thereof to be a part of such city. In any annexation of adjacent 41 territory, the annexation shall include all portions of highways lying wholly 42 or partially within the annexed area. 43 (2) Railroad right - of - way property may be 2 1 annexed when property within the city adjoins both sides of the right - 2 of - way notwithstanding any other provision of this section. 3 Provided, that the city may annex only those areas which can be reasonably 4 assumed to be used for orderly development of the city. Provided further, that 5 said council shall not have the power to declare such land, lots or blocks a 6 part of said city, if they will be connected to such city only by a shoestring 7 or strip of land upon a public highway. 8 (3) Notwithstanding any other provision of law, no city council shall 9 have authority to annex property owned by a county or any entity within the 10 county which property is used as a fairgrounds area under the provisions of 11 chapter 8, title 31, or chapter 2, title 22, Idaho Code, without the consent 12 of a majority of the board of county commissioners of the county in which said 13 property lies. 14 (4) Notwithstanding any other provision of law, no city council shall 15 have authority to annex property owned by a nongovernmental entity used to 16 provide outdoor recreational activities to the public which has been desig- 17 nated as a planned unit development of fifty (50) acres or more and does not 18 require or utilize any city services without the express written permission of 19 the nongovernmental entity whose property is subject to annexation.
STATEMENT OF PURPOSE
RS 07757C1
This legislation will protect a landowner from "forced
annexation" when no development has taken place or is planned.
Annexation would not be valid if a public utility, public road,
or railway lines split a parcel of property and the smaller
parcel was sold. It would also protect a father selling up to a
5 acre parcel to a family member without triggering annexation
of his farm.
FISCAL NOTE
None.
CONTACT: Representative Lee Gagner
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE
H 691