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S1322..........................................................by SCHROEDER
EMINENT DOMAIN - Amends existing law to provide that in eminent domain
proceedings that the value of property for property tax purposes shall be
the minimum amount for damages, unless the property has been substantially
altered.
01/23 Senate intro - 1st rdg - to printing
01/26 Rpt prt - to Loc Gov
02/26 Rpt out - rec d/p - to 2nd rdg
02/27 2nd rdg - to 3rd rdg
03/03 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Hansen,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh, Parry,
Richardson, Riggs, Risch, Sandy, Schroeder, Stennett, Sweeney,
Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Sorensen
Floor Sponsor - Schroeder
Title apvd - to House
03/04 House intro - 1st rdg - to Jud
03/20 Rpt out - rec d/p - to 2nd rdg
03/20 Rls susp - PASSED - 63-1-6
AYES -- 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, Marley, McKague, Meyer, Miller,
Mortensen, Newcomb, Pischner, Pomeroy, Reynolds, Richman, Ridinger,
Robison, Schaefer, Stevenson, Stoicheff, Stone, Tilman, Tippets,
Trail, Watson, Wheeler, Zimmermann, Mr Speaker
NAYS -- Stubbs
Absent and excused -- Alltus, Crane, Mader, Sali, Taylor, Wood
Floor Sponsor - Jones
Title apvd - to Senate
03/22 To enrol - rpt enrol - Pres signed
03/23 Sp signed - to Governor
03/31 Governor signed
Session Law Chapter 427
Effective: 07/01/98
S1322|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fourth Legislature Second Regular Session - 1998IN THE SENATE SENATE BILL NO. 1322 BY SCHROEDER 1 AN ACT 2 RELATING TO EMINENT DOMAIN TAKINGS; AMENDING SECTION 7-711, IDAHO CODE, TO 3 PROVIDE FOR ASCERTAINING THE VALUE OF THE PROPERTY USING THE ASSESSED 4 VALUE FOR PROPERTY TAX PURPOSES AS THE MINIMUM AMOUNT FOR DAMAGES UNLESS 5 THE PROPERTY HAS BEEN SUBSTANTIALLY ALTERED AND TO MAKE A TECHNICAL COR- 6 RECTION. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 7-711, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 7-711. ASSESSMENT OF DAMAGES. The court, jury or referee must hear such 11 legal testimony as may be offered by any of the parties to the proceedings, 12 and thereupon must ascertain and assess: 13 1. The value of the property sought to be condemned, and all improvements 14 thereon pertaining to the realty, and of each and every separate estate or 15 interest therein; if it consists of different parcels, the value of each par- 16 cel and each estate or interest therein shall be separately assessed. 17 For purposes of ascertaining the value of the property, the assessed value for 18 property tax purposes shall be used as the minimum amount for damages unless 19 the court, jury or referee finds the property has been altered substantially. 20 21 2. If the property sought to be condemned constitutes only a part of a 22 larger parcel, the damages which will accrue to the portion not sought to be 23 condemned, by reason of its severance from the portion sought to be condemned, 24 and the construction of the improvement in the manner proposed by the plain- 25 tiff. 26 3. Separately, how much the portion not sought to be condemned, and each 27 estate or interest therein, will be specially and directly benefited, if at 28 all, by the construction of the improvement proposed by the plaintiff; and if 29 the benefit shall be equal to the damages assessed, undersubdivision30paragraph 2 . , the owner of the parcel shall 31 be allowed no compensation except the value of the portion taken; but if the 32 benefit shall be less than the damages so assessed, the former shall be 33 deducted from the latter, and the remainder shall be the only damages allowed 34 in addition to the value. 35 4. If the property sought to be condemned be for a railroad, the cost of 36 good and sufficient fences along the line of such railroad, and the cost of 37 cattle guards where fences may cross the line of such railroad. 38 5. As far as practicable, compensation must be assessed for each source 39 of damages separately. 40 6. If the property sought to be condemned is private real property activ- 41 ely devoted to agriculture, the damages which will accrue because of the 42 costs, if any, of farming around electrical transmission line structure(s) for 43 a transmission line with a capacity in excess of two hundred thirty (230) KV 2 1 (kilovolts). If the property sought to be condemned has been the subject of a 2 previous condemnation proceeding or proceedings for electrical transmission 3 line structure(s) and at the time of condemnation the field holds other elec- 4 trical transmission line structure(s), such evidence of costs referred to 5 above may also include the cumulative effects, if any, of conducting farming 6 operations around other electrical transmission line structure(s) in the same 7 field, whether such structure(s) are of thecondemnor8 condemner or not.
STATEMENT OF PURPOSE
RS 07622
The purpose of this [legislation is to amend section 7-711, Idaho Code, to
provide that when ascertaining the value of property in eminent domain
takings, the assessed value for property tax purposes shall be used as the
minimum amount for damages unless the court, jury or referee finds that
the property has been altered substantially.
FISCAL IMPACT
I There would be some minimal impact to those jurisdictions that pay
damages that are less than assessed values when taking property in
eminent domain proceedings. The exact amount would depend upon the
facts of each particular future case.
Contact: Senator Gary J. Schroeder
332-1321