1998 Legislation
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SENATE BILL NO. 1322 – Eminent domain, market value paid

SENATE BILL NO. 1322

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Daily Data Tracking History



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

Bill Text


S1322


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

                                      IN 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,  under    subdivision
30        paragraph  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  the    condemnor    
 8    condemner  or not.

Statement of Purpose / Fiscal Impact


    





    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