Print Friendly HOUSE BILL NO. 298 – Eminent domain, mediation
HOUSE BILL NO. 298
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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.
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|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature First Regular Session - 1999
IN 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:
11 1. (a) To regulate and determine the place and
12 manner of making connections and crossings, or of enjoying the common use
13 mentioned in the fifth subdivision of section 7-703 5.,
14 Idaho Code .
15 2. (b) To hear and determine all adverse or con-
16 flicting claims to the property sought to be condemned, and to
17 of the damages therefor.
18 3. (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-
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, under paragraph subsection (
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
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.
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
CONTACT: Representative Stone & Dave Bivens, ACHD
STATEMENT OF PURPOSE/FISCAL NOTE BILL NO H 298