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S1384......................................by LOCAL GOVERNMENT AND TAXATION
PROPERTY - CONDEMNED - Amends existing law to require payment of moving and
relocation costs accruing as a result of a condemnation; to provide for the
award of attorney's fees and costs to recover the same if not paid; and to
provide for the award of attorney's fees and costs if certain other
circumstances occur.
02/08 Senate intro - 1st rdg - to printing
02/09 Rpt prt - to Loc Gov
S1384
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1384
BY LOCAL GOVERNMENT 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 REQUIRE PAYMENT OF MOVING AND RELOCATION COSTS
4 ACCRUING AS A RESULT OF A CONDEMNATION, TO PROVIDE FOR THE AWARD OF
5 ATTORNEY'S FEES AND COSTS TO RECOVER THE SAME IF NOT PAID AND TO MAKE A
6 TECHNICAL CORRECTION; AND DECLARING AN EMERGENCY.
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. For pur-
17 poses of ascertaining the value of the property, the assessed value for prop-
18 erty tax purposes shall be used as the minimum amount for damages unless the
19 court, jury or referee finds the property has been altered substantially.
20 2. If the property sought to be condemned constitutes only a part of a
21 larger parcel, the damages which will accrue to the portion not sought to be
22 condemned, by reason of its severance from the portion sought to be condemned,
23 and the construction of the improvement in the manner proposed by the plain-
24 tiff.
25 3. Separately, how much the portion not sought to be condemned, and each
26 estate or interest therein, will be specially and directly benefited, if at
27 all, by the construction of the improvement proposed by the plaintiff; and if
28 the benefit shall be equal to the damages assessed, under paragraph 2. of this
29 section, the owner of the parcel shall be allowed no compensation except the
30 value of the portion taken; but if the benefit shall be less than the damages
31 so assessed, the former shall be deducted from the latter, and the remainder
32 shall be the only damages allowed in addition to the value.
33 4. If the property sought to be condemned be for a railroad, the cost of
34 good and sufficient fences along the line of such railroad, and the cost of
35 cattle guards where fences may cross the line of such railroad.
36 5. Any moving and relocation costs which will accrue as a result of the
37 condemnation. If such costs are not paid by the plaintiff, the owner of the
38 property shall be awarded attorney's fees and costs incurred to recover the
39 same.
40 6. As far as practicable, compensation must be assessed for each source
41 of damages separately.
42 67. If the property sought to be condemned is private real property
43 actively devoted to agriculture, the damages which will accrue because of the
2
1 costs, if any, of farming around electrical transmission line structure(s) for
2 a transmission line with a capacity in excess of two hundred thirty (230) KV
3 (kilovolts). If the property sought to be condemned has been the subject of a
4 previous condemnation proceeding or proceedings for electrical transmission
5 line structure(s) and at the time of condemnation the field holds other elec-
6 trical transmission line structure(s), such evidence of costs referred to
7 above may also include the cumulative effects, if any, of conducting farming
8 operations around other electrical transmission line structure(s) in the same
9 field, whether such structure(s) are of the condemner or not.
10 SECTION 2. An emergency existing therefor, which emergency is hereby
11 declared to exist, this act shall be in full force and effect on and after its
12 passage and approval.
STATEMENT OF PURPOSE
RS09787
The purpose of this legislation is to provide for the payment of moving and
relocation costs accruing as a result of Eminent Domain proceedings. If these
costs are not paid, the owner of the property shall be awarded attorney's fees and
costs incurred to recover the same.
FISCAL NOTE
It is impossible to assess the total impact of this legislation because government
does not keep records of persons not paid moving and relocation costs.
CONTACT: Senator Gary J. Schroeder
332-1321
STATEMENT OF PURPOSE/ FISCAL NOTE S1384