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H0298......................................................by STATE AFFAIRS EMINENT DOMAIN - Amends existing law relating to eminent domain to provide that a court shall order mediation of adverse or conflicting claims to property sought to be condemned; and to provide a reference to mediator. 02/23 House intro - 1st rdg - to printing 02/24 Rpt prt - to Transp 03/03 Rpt out - rec d/p - to 2nd rdg 03/04 2nd rdg - to Transp
H0298|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 298 BY STATE AFFAIRS COMMITTEE 1 AN ACT 2 RELATING TO EMINENT DOMAIN; AMENDING SECTION 7-710, IDAHO CODE, TO PROVIDE 3 THAT A COURT SHALL ORDER MEDIATION OF ADVERSE OR CONFLICTING CLAIMS TO 4 PROPERTY SOUGHT TO BE CONDEMNED AND THE DAMAGES THEREFOR AND TO MAKE TECH- 5 NICAL CORRECTIONS; AND AMENDING SECTION 7-711, IDAHO CODE, TO PROVIDE REF- 6 ERENCES TO MEDIATORS AND TO MAKE TECHNICAL CORRECTIONS. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 7-710, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 7-710. POWERS OF COURT. (1) The court shall have power: 111.(a) To regulate and determine the place and 12 manner of making connections and crossings, or of enjoying the common use 13 mentioned inthe fifth subdivision ofsection 7-703 5., 14 Idaho Code . 152.(b) To hear and determine all adverse or con- 16 flicting claims to the property sought to be condemned, andto17of the damages therefor. 183.(c) To determine the respective rights of 19 different parties seeking condemnation of the same property. 20 (2) The court shall, in the first instance, order mediation of all 21 adverse or conflicting claims to the property sought to be condemned, and of 22 the damages therefor. 23 SECTION 2. That Section 7-711, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 7-711. ASSESSMENT OF DAMAGES. The court, jury , mediator or 26 referee must hear such legal testimony as may be offered by any of the parties 27 to the proceedings, and thereupon must ascertain and assess: 28 ( 1.) The value of the property 29 sought to be condemned, and all improvements thereon pertaining to the realty, 30 and of each and every separate estate or interest therein; if it consists of 31 different parcels, the value of each parcel and each estate or interest 32 therein shall be separately assessed. For purposes of ascertaining the value 33 of the property, the assessed value for property tax purposes shall be used as 34 the minimum amount for damages unless the court, jury , mediator 35 or referee finds the property has been altered substantially. 36 ( 2.) If the property sought to be 37 condemned constitutes only a part of a larger parcel, the damages which will 38 accrue to the portion not sought to be condemned, by reason of its severance 39 from the portion sought to be condemned, and the construction of the improve- 40 ment in the manner proposed by the plaintiff. 41 ( 3.) Separately, how much the por- 2 1 tion not sought to be condemned, and each estate or interest therein, will be 2 specially and directly benefited, if at all, by the construction of the 3 improvement proposed by the plaintiff; and if the benefit shall be equal to 4 the damages assessed, underparagraphsubsection ( 5 2.) of this section , the owner of the parcel 6 shall be allowed no compensation except the value of the portion taken; but if 7 the benefit shall be less than the damages so assessed, the former shall be 8 deducted from the latter, and the remainder shall be the only damages allowed 9 in addition to the value. 10 ( 4.) If the property sought to be 11 condemned be for a railroad, the cost of good and sufficient fences along the 12 line of such railroad, and the cost of cattle guards where fences may cross 13 the line of such railroad. 14 ( 5.) As far as practicable, com- 15 pensation must be assessed for each source of damages separately. 16 ( 6.) If the property sought to be 17 condemned is private real property actively devoted to agriculture, the dam- 18 ages which will accrue because of the costs, if any, of farming around elec- 19 trical transmission line structure(s) for a transmission line with a capacity 20 in excess of two hundred thirty (230) KV (kilovolts). If the property sought 21 to be condemned has been the subject of a previous condemnation proceeding or 22 proceedings for electrical transmission line structure(s) and at the time of 23 condemnation the field holds other electrical transmission line structure(s), 24 such evidence of costs referred to above may also include the cumulative 25 effects, if any, of conducting farming operations around other electrical 26 transmission line structure(s) in the same field, whether such structure(s) 27 are of the condemner or not.
STATEMENT OF PURPOSE
RS09086C1
The purpose of this bill is to expedite the condemnation process by
requiring mediation in the first instance of all adverse or
conflicting claims to the property sought to be condemned, and the
damages therefor. Mediation at the outset of the action will enable
the owners to quickly establish their respective interests in the
property to be taken, and permit them to identify and define their
damages to the public authority seeking to exercise its right to
condemn. Mediation should speed up the process of determining the fair
value of the property and other damages related to the taking,
allowing earlier payment by the condemning authority to the identified
owners. It will not take away any rights of remedies owners have under
the Idaho Law of Eminent Domain.
FISCAL NOTE
There is no fiscal impact at the state level. Any costs of
mitigation incurred at the local level should be more than
offset in time and cost savings when compared with the current
process.
CONTACT: Representative Stone & Dave Bivens, ACHD
208-332-1000
STATEMENT OF PURPOSE/FISCAL NOTE BILL NO H 298