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S1494aa....................................by LOCAL GOVERNMENT AND TAXATION
RELOCATION PAYMENTS - DISPLACED PERSONS - Amends existing law to provide
that relocation payments and assistance shall be provided to persons
displaced by public programs; to provide that any agency using funds for
public purposes shall compensate a displaced person for moving expenses and
losses; to provide that an agency shall make a payment to a qualified
displaced owner of a dwelling and to a qualified displaced individual or
family; to provide that an agency shall reimburse owners of real property
for certain expenses; to provide that if moving and relocation costs
resulting from a condemnation are not paid by the condemner, the owner of
the property shall be awarded attorney's fees and costs incurred to recover
the same.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to Loc Gov
02/28 Rpt out - to 14th Ord
03/03 Rpt out amen - to engros
03/06 Rpt engros - 1st rdg - to 2nd rdg as amen
03/07 2nd rdg - to 3rd rdg as amen
03/10 3rd rdg as amen - PASSED - 29-3-3
AYES--Andreason, Boatright, Bunderson, Cameron, Darrington, Davis,
Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Noh, Parry, Richardson, Riggs, Risch, Sandy,
Schroeder, Sorensen, Stennett, Thorne, Wheeler, Whitworth, Williams
NAYS--Danielson, Stegner, Walton/Branch
Absent and excused--Burtenshaw, Crow, McLaughlin
Floor Sponsor - Schroeder
Title apvd - to House
03/13 House intro - 1st rdg as amen - to Loc Gov
03/17 Rpt out - rec d/p - to 2nd rdg as amen
03/20 2nd rdg - to 3rd rdg as amen
03/29 3rd rdg as amen - PASSED - 63-0-7
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Black, Boe,
Bruneel, Callister, Campbell, Chase, Cheirrett, Deal, Denney,
Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley,
Hammond, Hansen(23), Hansen(29), Henbest, Hornbeck, Jaquet, Jones,
Judd, Kellogg, Kempton, Kendell, Kunz, Loertscher, Mader, Marley,
McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pischner,
Pomeroy, Reynolds, Ridinger, Ringo, Robison, Sali, Schaefer, Sellman,
Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman,
Trail, Wheeler, Wood, Zimmermann
NAYS -- None
Absent and excused -- Clark, Crow, Cuddy, Lake, Linford, Moyle, Mr
Speaker
Floor Sponsor - Hornbeck
Title apvd - to Senate
03/30 To enrol - rpt enrol - Pres signed
03/31 Sp signed
04/03 To Governor
04/04 Governor signed
Session Law Chapter 192
Effective: 04/04/00
S1494
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE BILL NO. 1494, As Amended
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO RELOCATION OF PERSONS DISPLACED BY PUBLIC PROGRAMS; AMENDING SEC-
3 TION 40-2001, IDAHO CODE, TO PROVIDE THAT RELOCATION PAYMENTS AND ASSIS-
4 TANCE SHALL BE PROVIDED TO PERSONS DISPLACED BY PUBLIC PROGRAMS AND TO
5 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2002, IDAHO CODE, TO PRO-
6 VIDE THAT RELOCATION ASSISTANCE SHALL BE PROVIDED; AMENDING SECTION
7 40-2004, IDAHO CODE, TO PROVIDE THAT ANY AGENCY USING FUNDS FOR PUBLIC
8 PURPOSES SHALL COMPENSATE A DISPLACED PERSON FOR MOVING EXPENSES AND
9 LOSSES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2005, IDAHO
10 CODE, TO PROVIDE THAT AN AGENCY SHALL MAKE A PAYMENT TO A QUALIFIED DIS-
11 PLACED OWNER OF A DWELLING AND TO A QUALIFIED DISPLACED INDIVIDUAL OR FAM-
12 ILY; AMENDING SECTION 40-2007, IDAHO CODE, TO PROVIDE THAT AN AGENCY SHALL
13 REIMBURSE OWNERS OF REAL PROPERTY FOR CERTAIN EXPENSES; AMENDING CHAPTER
14 20, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-2013, IDAHO
15 CODE, TO PROVIDE THAT IF MOVING AND RELOCATION COSTS RESULTING FROM A CON-
16 DEMNATION PURSUANT TO CHAPTER 7, TITLE 7, IDAHO CODE, OR RELOCATION PURSU-
17 ANT TO CHAPTER 20, TITLE 40, IDAHO CODE, ARE NOT PAID BY THE CONDEMNER,
18 THE OWNER OF THE PROPERTY SHALL BE AWARDED ATTORNEY'S FEES AND COSTS
19 INCURRED TO RECOVER THE SAME; AND DECLARING AN EMERGENCY.
20 Be It Enacted by the Legislature of the State of Idaho:
21 SECTION 1. That Section 40-2001, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 40-2001. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS -- LEG-
24 ISLATIVE FINDING. The legislature finds and declares that the prompt and equi-
25 table relocation and reestablishment of persons, families, businesses, farm-
26 ers, and nonprofit organizations displaced as a result of any state or local
27 governmental program or project is a necessary purpose, is a cost of those
28 programs and projects and is a public purpose. In order to insure that indi-
29 viduals do not suffer disproportionate injuries as a result of programs
30 designed for the benefit of the public as a whole the legislature declares
31 that relocation payments and relocation advisory assistance may shall be pro-
32 vided to all persons so displaced in accordance with the terms and provisions
33 of this chapter and rules and regulations promulgated by the board. The legis-
34 lature finds and declares that rent supplement or purchase assistance payments
35 to tenants and relocation payments to owner-occupants, businesses, and farmers
36 in accordance with the provisions of this chapter are a public purpose and are
37 necessary to enable all displaced persons to obtain decent, safe, and sanitary
38 dwellings. The legislature further declares the provisions of this chapter may
39 be applicable to all programs.
40 SECTION 2. That Section 40-2002, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 40-2002. RELOCATION ADVISORY ASSISTANCE. Any agency is authorized, as a
2 part of the cost of any program or project, to give relocation advisory assis-
3 tance to any individual, family, business or farm operation displaced because
4 of the acquisition of real property for any project. If any agency determines
5 that any person occupying property immediately adjacent to the real property
6 acquired has been caused substantial economic injury because of the acquisi-
7 tion, it may shall offer him relocation advisory services.
8 SECTION 3. That Section 40-2004, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-2004. RELOCATION EXPENSE -- COMPENSATION OPTIONS -- LIMIT OF COMPENSA-
11 TION FOR BUSINESS OR FARM RELOCATIONS. (1) As a part of the cost of any public
12 program or project, any agency using any funds for public purposes may shall
13 compensate a displaced person for his actual and reasonable expense in moving
14 himself, family, business or farm operation, including moving personal prop-
15 erty, and for any actual direct losses of tangible personal property as the
16 result of moving or discontinuing a business or farm operation, but not to
17 exceed an amount equal to the reasonable expenses that would have been
18 required to relocate the property, as determined by the agency, and for actual
19 reasonable expenses in searching for a replacement business or farm. However,
20 the compensation authorized by this section for actual and reasonable moving
21 expenses, actual direct losses of tangible personal property, and expenses in
22 searching for a replacement farm or business shall be limited to relocating a
23 displaced person, family, business or farm operation within a reasonable dis-
24 tance from the location previously occupied and from which the displaced per-
25 son has been required to move.
26 (2) Any displaced person who moves from a dwelling who elects to accept
27 the payments authorized by this subsection in lieu of the payments authorized
28 by subsection (1) of this section may shall receive a moving expense allow-
29 ance, determined according to regulations and schedules established by the
30 agency, not to exceed three hundred dollars ($300), and in addition a disloca-
31 tion allowance of two hundred dollars ($200).
32 (3) Any displaced person who moves or discontinues his business or farm
33 operation who elects to accept the payment authorized by this subsection in
34 lieu of the payment authorized by subsection (1) of this section, may shall
35 receive a fixed relocation payment in an amount equal to the average annual
36 net earnings of the business or farm operation, except that the payment shall
37 not be less than two thousand five hundred dollars ($2,500) nor more than ten
38 thousand dollars ($10,000). In the case of a business, no payment shall be
39 made under this subsection unless the agency is satisfied that the business
40 cannot be relocated without a substantial loss of patronage, and is not a part
41 of a commercial enterprise having at least one (1) other establishment not
42 being acquired which is engaged in the same or similar business. In addition
43 to the other requirements of this chapter, to be eligible for the payment
44 authorized by this subsection the business or farm operation must make its
45 financial statements, accounting records, and state income tax returns avail-
46 able to the agency for audit for confidential use in determining the payment
47 or payments authorized by this subsection. Such financial statements, account-
48 ing records and state income tax returns shall be subject to disclosure
49 according to chapter 3, title 9, Idaho Code.
50 (4) If any agency determines that property, contiguous with property
51 acquired, owned or occupied by an individual, family, business or farm opera-
52 tion, has been damaged as the result of a public program or project, it may
53 shall offer the individual, family, business or farm operation the same com-
3
1 pensation as it might offer to a displaced person under subsections (1), (2)
2 or (3) of this section and under sections 40-2005 and 40-2007, Idaho Code.
3 SECTION 4. That Section 40-2005, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 40-2005. PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE OR
6 DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT. (1) In addition to the payments
7 authorized by section 40-2004, Idaho Code, an agency may shall make a payment
8 to the owner of a dwelling, provided the dwelling has been owned and occupied
9 by the owner for at least one hundred eighty (180) days prior to the first
10 written offer for the acquisition of the property. The payment shall not
11 exceed fifteen thousand dollars ($15,000) and shall be the amount, which, when
12 added to the acquisition payment, equals the reasonable cost required for a
13 comparable dwelling determined in accordance with standards established by the
14 agency to be suitable to accommodate the displaced owner. The payment shall
15 be made only to a displaced owner who purchases and occupies a dwelling that
16 meets standards established by the agency, not later than the end of a one (1)
17 year period beginning on the date on which he received final payment of all
18 costs of the acquired dwelling, or on the date on which he moves from the
19 acquired dwelling, whichever is the later date. Payment under this subsection
20 will include an amount which will compensate the displaced person for any
21 increased interest costs which the person is required to pay for financing the
22 acquisition of any comparable replacement dwelling. This amount will be paid
23 only if the dwelling acquired by the agency was encumbered by a mortgage which
24 was a valid lien on the dwelling for not less than one hundred eighty (180)
25 days prior to the first written offer for the acquisition of the dwelling. The
26 amount shall be equal to the excess in the aggregate interest and other debt
27 service costs of that amount of the principal of the mortgage on the replace-
28 ment dwelling which is equal to the unpaid balance of the mortgage on the
29 acquired dwelling, over the remainder term of the mortgage on the acquired
30 dwelling, reduced to discounted current value. The discounted rate shall be
31 the prevailing interest rate paid on savings deposits by commercial banks in
32 the general area in which the replacement dwelling is located. This amount
33 shall also include reasonable expenses incurred by the displaced person for
34 evidence of title, recording fees, and other closing costs incident to the
35 purchase of the replacement dwelling, but shall not include prepaid expenses.
36 (2) In addition to the payments authorized by section 40-2004, Idaho
37 Code, any agency may shall make a payment to any individual or family dis-
38 placed from any dwelling not eligible to receive a payment under subsection
39 (1) of this section, which dwelling was actually and lawfully occupied by the
40 individual or family for at least ninety (90) days prior to the first written
41 offer for the acquisition of the property. The payment, not to exceed four
42 thousand dollars ($4,000), shall be the additional amount which is necessary
43 to enable the individual or family to lease or rent for a period not to exceed
44 four (4) years, or to make a down payment, including reasonable expenses
45 incurred by the displaced person for evidence of title, recording fees, and
46 other closing costs incident to the purchase of a dwelling of standards ade-
47 quate to accommodate the individual or family in areas not generally less
48 desirable in regard to public utilities and public and commercial facilities,
49 except that if the amount exceeds two thousand dollars ($2,000) the person
50 must equally match any payment in excess of two thousand dollars ($2,000), in
51 making the down payment.
52 SECTION 5. That Section 40-2007, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 40-2007. COMPENSATION FOR MISCELLANEOUS EXPENSES. In addition to amounts
3 authorized by this chapter, any agency as a part of the cost of any public
4 program or project, may shall reimburse the owner of real property acquired
5 for a project for reasonable and necessary expenses incurred for:
6 (1) Recording fees, transfer taxes, and similar expenses incidental to
7 conveying the property;
8 (2) Penalty costs for prepayment of any mortgage entered into in good
9 faith encumbering the real property if the mortgage is on record or has been
10 filed for record under applicable state law on the date of final approval by
11 the agency of the location of the project; and
12 (3) The pro rata share or portion of ad valorem taxes paid which are
13 allocable to a period subsequent to the date of vesting of title in the state
14 or the effective date of possession of the real property by the agency, which-
15 ever is earlier.
16 SECTION 6. That Chapter 20, Title 40, Idaho Code, be, and the same is
17 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
18 ignated as Section 40-2013, Idaho Code, and to read as follows:
19 40-2013. COSTS AND ATTORNEY'S FEES. Any moving and relocation costs which
20 will accrue as a result of a condemnation undertaken pursuant to chapter 7,
21 title 7, Idaho Code, or pursuant to this chapter, shall be paid by the
22 condemner as required by law. If such costs are not paid by the condemner,
23 the owner of the property shall be awarded attorney's fees and costs incurred
24 to recover the same.
25 SECTION 7. An emergency existing therefor, which emergency is hereby
26 declared to exist, this act shall be in full force and effect on and after its
27 passage and approval.
AS1494
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
Moved by Schroeder
Seconded by Frasure
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1494
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 10, delete "SECTION 1." and insert:
3 "SECTION 6.".
4 AMENDMENT TO SECTION 2
5 On page 1, in line 19, delete "SECTION 2." and insert: "SECTION 7.".
6 AMENDMENT TO THE BILL
7 On page 1, following line 9, insert:
8 "SECTION 1. That Section 40-2001, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 40-2001. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS -- LEG-
11 ISLATIVE FINDING. The legislature finds and declares that the prompt and equi-
12 table relocation and reestablishment of persons, families, businesses, farm-
13 ers, and nonprofit organizations displaced as a result of any state or local
14 governmental program or project is a necessary purpose, is a cost of those
15 programs and projects and is a public purpose. In order to insure that indi-
16 viduals do not suffer disproportionate injuries as a result of programs
17 designed for the benefit of the public as a whole the legislature declares
18 that relocation payments and relocation advisory assistance may shall be pro-
19 vided to all persons so displaced in accordance with the terms and provisions
20 of this chapter and rules and regulations promulgated by the board. The legis-
21 lature finds and declares that rent supplement or purchase assistance payments
22 to tenants and relocation payments to owner-occupants, businesses, and farmers
23 in accordance with the provisions of this chapter are a public purpose and are
24 necessary to enable all displaced persons to obtain decent, safe, and sanitary
25 dwellings. The legislature further declares the provisions of this chapter may
26 be applicable to all programs.
27 SECTION 2. That Section 40-2002, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 40-2002. RELOCATION ADVISORY ASSISTANCE. Any agency is authorized, as a
30 part of the cost of any program or project, to give relocation advisory assis-
31 tance to any individual, family, business or farm operation displaced because
32 of the acquisition of real property for any project. If any agency determines
33 that any person occupying property immediately adjacent to the real property
34 acquired has been caused substantial economic injury because of the acquisi-
35 tion, it may shall offer him relocation advisory services.
36 SECTION 3. That Section 40-2004, Idaho Code, be, and the same is hereby
37 amended to read as follows:
2
1 40-2004. RELOCATION EXPENSE -- COMPENSATION OPTIONS -- LIMIT OF COMPENSA-
2 TION FOR BUSINESS OR FARM RELOCATIONS. (1) As a part of the cost of any public
3 program or project, any agency using any funds for public purposes may shall
4 compensate a displaced person for his actual and reasonable expense in moving
5 himself, family, business or farm operation, including moving personal prop-
6 erty, and for any actual direct losses of tangible personal property as the
7 result of moving or discontinuing a business or farm operation, but not to
8 exceed an amount equal to the reasonable expenses that would have been
9 required to relocate the property, as determined by the agency, and for actual
10 reasonable expenses in searching for a replacement business or farm. However,
11 the compensation authorized by this section for actual and reasonable moving
12 expenses, actual direct losses of tangible personal property, and expenses in
13 searching for a replacement farm or business shall be limited to relocating a
14 displaced person, family, business or farm operation within a reasonable dis-
15 tance from the location previously occupied and from which the displaced per-
16 son has been required to move.
17 (2) Any displaced person who moves from a dwelling who elects to accept
18 the payments authorized by this subsection in lieu of the payments authorized
19 by subsection (1) of this section may shall receive a moving expense allow-
20 ance, determined according to regulations and schedules established by the
21 agency, not to exceed three hundred dollars ($300), and in addition a disloca-
22 tion allowance of two hundred dollars ($200).
23 (3) Any displaced person who moves or discontinues his business or farm
24 operation who elects to accept the payment authorized by this subsection in
25 lieu of the payment authorized by subsection (1) of this section, may shall
26 receive a fixed relocation payment in an amount equal to the average annual
27 net earnings of the business or farm operation, except that the payment shall
28 not be less than two thousand five hundred dollars ($2,500) nor more than ten
29 thousand dollars ($10,000). In the case of a business, no payment shall be
30 made under this subsection unless the agency is satisfied that the business
31 cannot be relocated without a substantial loss of patronage, and is not a part
32 of a commercial enterprise having at least one (1) other establishment not
33 being acquired which is engaged in the same or similar business. In addition
34 to the other requirements of this chapter, to be eligible for the payment
35 authorized by this subsection the business or farm operation must make its
36 financial statements, accounting records, and state income tax returns avail-
37 able to the agency for audit for confidential use in determining the payment
38 or payments authorized by this subsection. Such financial statements, account-
39 ing records and state income tax returns shall be subject to disclosure
40 according to chapter 3, title 9, Idaho Code.
41 (4) If any agency determines that property, contiguous with property
42 acquired, owned or occupied by an individual, family, business or farm opera-
43 tion, has been damaged as the result of a public program or project, it may
44 shall offer the individual, family, business or farm operation the same com-
45 pensation as it might offer to a displaced person under subsections (1), (2)
46 or (3) of this section and under sections 40-2005 and 40-2007, Idaho Code.
47 SECTION 4. That Section 40-2005, Idaho Code, be, and the same is hereby
48 amended to read as follows:
49 40-2005. PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE OR
50 DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT. (1) In addition to the payments
51 authorized by section 40-2004, Idaho Code, an agency may shall make a payment
52 to the owner of a dwelling, provided the dwelling has been owned and occupied
53 by the owner for at least one hundred eighty (180) days prior to the first
3
1 written offer for the acquisition of the property. The payment shall not
2 exceed fifteen thousand dollars ($15,000) and shall be the amount, which, when
3 added to the acquisition payment, equals the reasonable cost required for a
4 comparable dwelling determined in accordance with standards established by the
5 agency to be suitable to accommodate the displaced owner. The payment shall
6 be made only to a displaced owner who purchases and occupies a dwelling that
7 meets standards established by the agency, not later than the end of a one (1)
8 year period beginning on the date on which he received final payment of all
9 costs of the acquired dwelling, or on the date on which he moves from the
10 acquired dwelling, whichever is the later date. Payment under this subsection
11 will include an amount which will compensate the displaced person for any
12 increased interest costs which the person is required to pay for financing the
13 acquisition of any comparable replacement dwelling. This amount will be paid
14 only if the dwelling acquired by the agency was encumbered by a mortgage which
15 was a valid lien on the dwelling for not less than one hundred eighty (180)
16 days prior to the first written offer for the acquisition of the dwelling. The
17 amount shall be equal to the excess in the aggregate interest and other debt
18 service costs of that amount of the principal of the mortgage on the replace-
19 ment dwelling which is equal to the unpaid balance of the mortgage on the
20 acquired dwelling, over the remainder term of the mortgage on the acquired
21 dwelling, reduced to discounted current value. The discounted rate shall be
22 the prevailing interest rate paid on savings deposits by commercial banks in
23 the general area in which the replacement dwelling is located. This amount
24 shall also include reasonable expenses incurred by the displaced person for
25 evidence of title, recording fees, and other closing costs incident to the
26 purchase of the replacement dwelling, but shall not include prepaid expenses.
27 (2) In addition to the payments authorized by section 40-2004, Idaho
28 Code, any agency may shall make a payment to any individual or family dis-
29 placed from any dwelling not eligible to receive a payment under subsection
30 (1) of this section, which dwelling was actually and lawfully occupied by the
31 individual or family for at least ninety (90) days prior to the first written
32 offer for the acquisition of the property. The payment, not to exceed four
33 thousand dollars ($4,000), shall be the additional amount which is necessary
34 to enable the individual or family to lease or rent for a period not to exceed
35 four (4) years, or to make a down payment, including reasonable expenses
36 incurred by the displaced person for evidence of title, recording fees, and
37 other closing costs incident to the purchase of a dwelling of standards ade-
38 quate to accommodate the individual or family in areas not generally less
39 desirable in regard to public utilities and public and commercial facilities,
40 except that if the amount exceeds two thousand dollars ($2,000) the person
41 must equally match any payment in excess of two thousand dollars ($2,000), in
42 making the down payment.
43 SECTION 5. That Section 40-2007, Idaho Code, be, and the same is hereby
44 amended to read as follows:
45 40-2007. COMPENSATION FOR MISCELLANEOUS EXPENSES. In addition to amounts
46 authorized by this chapter, any agency as a part of the cost of any public
47 program or project, may shall reimburse the owner of real property acquired
48 for a project for reasonable and necessary expenses incurred for:
49 (1) Recording fees, transfer taxes, and similar expenses incidental to
50 conveying the property;
51 (2) Penalty costs for prepayment of any mortgage entered into in good
52 faith encumbering the real property if the mortgage is on record or has been
53 filed for record under applicable state law on the date of final approval by
4
1 the agency of the location of the project; and
2 (3) The pro rata share or portion of ad valorem taxes paid which are
3 allocable to a period subsequent to the date of vesting of title in the state
4 or the effective date of possession of the real property by the agency, which-
5 ever is earlier."; and renumber the subsequent section of the bill accord-
6 ingly.
7 CORRECTIONS TO TITLE
8 On page 1, delete lines 2 through 8 and insert:
9 "RELATING TO RELOCATION OF PERSONS DISPLACED BY PUBLIC PROGRAMS; AMENDING SEC-
10 TION 40-2001, IDAHO CODE, TO PROVIDE THAT RELOCATION PAYMENTS AND ASSIS-
11 TANCE SHALL BE PROVIDED TO PERSONS DISPLACED BY PUBLIC PROGRAMS AND TO
12 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2002, IDAHO CODE, TO PRO-
13 VIDE THAT RELOCATION ASSISTANCE SHALL BE PROVIDED; AMENDING SECTION
14 40-2004, IDAHO CODE, TO PROVIDE THAT ANY AGENCY USING FUNDS FOR PUBLIC
15 PURPOSES SHALL COMPENSATE A DISPLACED PERSON FOR MOVING EXPENSES AND
16 LOSSES AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 40-2005, IDAHO
17 CODE, TO PROVIDE THAT AN AGENCY SHALL MAKE A PAYMENT TO A QUALIFIED DIS-
18 PLACED OWNER OF A DWELLING AND TO A QUALIFIED DISPLACED INDIVIDUAL OR FAM-
19 ILY; AMENDING SECTION 40-2007, IDAHO CODE, TO PROVIDE THAT AN AGENCY SHALL
20 REIMBURSE OWNERS OF REAL PROPERTY FOR CERTAIN EXPENSES; AMENDING CHAPTER
21 20, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 40-2013, IDAHO
22 CODE, TO PROVIDE THAT IF MOVING AND RELOCATION COSTS RESULTING FROM A CON-
23 DEMNATION PURSUANT TO CHAPTER 7, TITLE 7, IDAHO CODE, OR RELOCATION PURSU-
24 ANT TO CHAPTER 20, TITLE 40, IDAHO CODE, ARE NOT PAID BY THE CONDEMNER,
25 THE OWNER OF THE PROPERTY SHALL BE AWARDED ATTORNEY'S FEES AND COSTS
26 INCURRED TO RECOVER THE SAME; AND DECLARING AN EMERGENCY.".
STATEMENT OF PURPOSE
RS 1O111C1
The purpose of this legislation is to provide that if require moving and relocation
costs resulting front a condemnation are not paid by the condemner, the owner of
the property shall be awarded attorney's fees and costs incurred to recover the
same.
FISCAL IMPACT
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 L Schroeder 332-1321
STATEMENT OF PURPOSE/FISCAL IMPACT S 1494