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H0324...............................................by REVENUE AND TAXATION
EMINENT DOMAIN - Amends existing law relating to eminent domain proceedings
to provide that, if the property sought to be condemned constitutes only a
part of a larger parcel, the jury or referee shall also hear testimony
regarding damages to any established business of more than five years
standing where the business is owned by the party whose lands are being
condemned or is located upon adjoining lands owned or held by such party.
03/02 House intro - 1st rdg - to printing
03/03 Rpt prt - to Transp
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg as amen
Rules susp - PASSED - 61-4-5
AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Black, Boe,
Bruneel, Callister, Campbell, Chase, Clark, Crow, Cuddy, Deal,
Denney, Ellsworth, Field(20), Gagner, Geddes, Gould, Hadley, Hammond,
Hansen(23), Hansen(29), Hornbeck, Jaquet, Jones, Judd, Kellogg,
Kempton, Kendell, Kunz, Lake, Limbaugh, Linford, Loertscher, Mader,
Marley, McKague, Montgomery, Mortensen, Moyle, Pischner, Pomeroy,
Reynolds, Ridinger, Ringo, Sali, Schaefer, Sellman, Smylie,
Stevenson, Stone, Taylor, Tilman, Trail, Watson, Wheeler, Williams,
Wood, Zimmermann
NAYS -- Bieter, Robison, Smith, Stoicheff
Absent and excused -- Field(13), Henbest, Meyer, Tippets, Mr Speaker
Floor Sponsor - Kempton
Title apvd - to Senate
03/15 Senate intro - 1st rdg - to Loc Gov
H0324|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 324 BY REVENUE AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO ASSESSMENT OF DAMAGES IN EMINENT DOMAIN PROCEEDINGS; AMENDING SEC- 3 TION 7-711, IDAHO CODE, TO REVISE THE FORMULA AND PROCEDURE FOR ASSESSMENT 4 OF DAMAGES WHEN THE DAMAGES ARE TO ANY ESTABLISHED BUSINESS OF MORE THAN 5 FIVE YEARS STANDING. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 7-711, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 7-711. ASSESSMENT OF DAMAGES. The court, jury or referee must hear such 10 legal testimony as may be offered by any of the parties to the proceedings, 11 and thereupon must ascertain and assess: 12 1. The value of the property sought to be condemned, and all improvements 13 thereon pertaining to the realty, and of each and every separate estate or 14 interest therein; if it consists of different parcels, the value of each par- 15 cel and each estate or interest therein shall be separately assessed. For pur- 16 poses of ascertaining the value of the property, the assessed value for prop- 17 erty tax purposes shall be used as the minimum amount for damages unless the 18 court, jury or referee finds the property has been altered substantially. 19 2. If the property sought to be condemned constitutes only a part of a 20 larger parcel,: (a) the damages which will accrue to 21 the portion not sought to be condemned, by reason of its severance from the 22 portion sought to be condemned, and the construction of the improvement in the 23 manner proposed by the plaintiff ; and (b) the damages to any established 24 business of more than five (5) years standing which the taking of a portion of 25 the property and the construction of the improvement in the manner proposed by 26 the plaintiff may reasonably cause, where the business is owned by the party 27 whose lands are being condemned or is located upon adjoining lands owned or 28 held by such party. Any person claiming the right to recover such damages for 29 such business shall set forth in his or her written defenses the nature and 30 extent of such damages . 31 3. Separately, how much the portion not sought to be condemned, and each 32 estate or interest therein, will be specially and directly benefited, if at 33 all, by the construction of the improvement proposed by the plaintiff; and if 34 the benefit shall be equal to the damages assessed, under paragraph 2., the 35 owner of the parcel shall be allowed no compensation except the value of the 36 portion taken; but if the benefit shall be less than the damages so assessed, 37 the former shall be deducted from the latter, and the remainder shall be the 38 only damages allowed in addition to the value. 39 4. If the property sought to be condemned be for a railroad, the cost of 40 good and sufficient fences along the line of such railroad, and the cost of 41 cattle guards where fences may cross the line of such railroad. 42 5. As far as practicable, compensation must be assessed for each source 43 of damages separately. 2 1 6. If the property sought to be condemned is private real property activ- 2 ely devoted to agriculture, the damages which will accrue because of the 3 costs, if any, of farming around electrical transmission line structure(s) for 4 a transmission line with a capacity in excess of two hundred thirty (230) KV 5 (kilovolts). If the property sought to be condemned has been the subject of a 6 previous condemnation proceeding or proceedings for electrical transmission 7 line structure(s) and at the time of condemnation the field holds other elec- 8 trical transmission line structure(s), such evidence of costs referred to 9 above may also include the cumulative effects, if any, of conducting farming 10 operations around other electrical transmission line structure(s) in the same 11 field, whether such structure(s) are of the condemner or not.
STATEMENT OF PURPOSE
RS09139
"Just compensation" is a constitutional requirement in the event of
a taking under eminent domain condemnation law. The question of how
"just" the compensation may be is largely established through
statute.
This proposed legislation would expand consideration of "just
compensation" in eminent domain condemnations to damages to
businesses of more than five years' standing located upon or
adjacent to a property taking, and the improvement thereon, as
proposed by the relevant governmental entity. This area of
consideration is not unique to eminent domain law in other states.
FISCAL NOTE
An expansion of damage considerations relative to "just
compensation" would result in additional costs to governmental
entities which elect to exercise the power of eminent domain. The
"flip side of the coin" is that a private property owner impacted
by an eminent domain action will, in fact, receive just
compensation for the damages caused by that eminent domain action.
CONTACT: Rep. Tim RIDINGER - Sponsor
208/332-1000
Rep. Jim KEMPTON - Co-Sponsor
208/332-1146
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. H 324