1998 Legislation
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HOUSE BILL NO. 691 – Area of city impact, annexation

HOUSE BILL NO. 691

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Daily Data Tracking History



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

Bill Text


H0691


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                             IN 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 / Fiscal Impact


    





                            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