S1515aa,aa.................................by LOCAL GOVERNMENT AND TAXATION EMINENT DOMAIN - Adds to existing law to provide required duties of a state or local unit of government or public utility that is beginning negotiations to acquire a parcel of real property in fee simple under the state's eminent domain law; to provide a form to advise rights of property owners; to provide a method of delivery of such forms; and to provide application. 02/21 Senate intro - 1st rdg - to printing 02/23 Rpt prt - to Loc Gov 02/28 Rpt out - to 14th Ord 03/01 Rpt out amen - to engros 03/02 Rpt engros - 1st rdg - to 2nd rdg as amen 03/03 2nd rdg - to 3rd rdg as amen To 14th Ord 03/07 Rpt out amen - to engros 03/08 Rpt engros - 1st rdg - to 2nd rdg as amen 03/09 2nd rdg - to 3rd rdg as amen 03/15 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron, Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lee, McLaughlin, Noh, Parry, Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Ipsen Title apvd - to House 03/16 House intro - 1st rdg as amen - to St Aff 03/23 Rpt out - rec d/p - to 2nd rdg as amen 03/24 2nd rdg - to 3rd rdg as amen 04/03 3rd rdg as amen - PASSED - 60-0-10 AYES -- Alltus, Barraclough(Barraclough), Barrett, Bell, Bieter, Black, Boe, Bruneel, Callister, Campbell, Chase, Cheirrett, Cuddy, Deal, Denney, Ellsworth, Field(13), Field(20), Gagner, Geddes, Gould, Hadley, Hammond, Hansen(23), Henbest, Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kunz, Lake, Loertscher(Loertscher), Mader, Marley, McKague, Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Reynolds, Ridinger, Ringo, Robison, Sali, Sellman, Shepherd, Smith, Smylie, Stevenson, Stoicheff, Stone, Taylor, Tilman, Trail, Wood, Zimmermann NAYS -- None Absent and excused -- Clark, Crow, Hansen(29), Kendell, Linford, Montgomery, Pomeroy, Schaefer, Wheeler, Mr Speaker Floor Sponsor - Kempton Title apvd - to Senate 04/04 To enrol - rpt enrol - Pres signed 04/05 Sp signed 04/06 To Governor 04/14 Governor signed Session Law Chapter 354 Effective: 07/01/00
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 IN THE SENATE SENATE BILL NO. 1515, As Amended, As Amended BY LOCAL GOVERNMENT AND TAXATION COMMITTEE 1 AN ACT 2 RELATING TO EMINENT DOMAIN; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE 3 ADDITION OF A NEW SECTION 7-711A, IDAHO CODE, TO PROVIDE REQUIRED DUTIES 4 OF A STATE OR LOCAL UNIT OF GOVERNMENT OR PUBLIC UTILITY THAT IS BEGINNING 5 NEGOTIATIONS TO ACQUIRE A PARCEL OF REAL PROPERTY IN FEE SIMPLE UNDER THE 6 STATE'S EMINENT DOMAIN LAW, TO PROVIDE A FORM TO ADVISE RIGHTS OF PROPERTY 7 OWNERS, TO PRODUCE A METHOD OF DELIVERY OF SUCH FORMS AND TO PROVIDE 8 APPLICATION. 9 Be It Enacted by the Legislature of the State of Idaho: 10 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same hereby 11 amended by the addition thereto of a NEW SECTION, to be known and designated 12 as Section 7-711A, Idaho Code, and to read as follows: 13 7-711A. ADVICE OF RIGHTS FORM -- RIGHTS WHEN CONDEMNING AUTHORITY 14 ACQUIRES PROPERTY. Whenever a state or local unit of government or a public 15 utility is beginning negotiations to acquire a parcel of real property in fee 16 simple, the condemning authority shall provide the owner of the property a 17 form containing a summary of the rights of an owner of property to be acquired 18 under this chapter. If the condemning authority does not supply the owner of 19 the real property with this form, there will be a presumption that any sale or 20 contract entered into between the condemning authority and the owner was not 21 voluntary and the condemning authority may be held responsible for such 22 relief, if any, as the court may determine to be appropriate considering all 23 of the facts and circumstances. The form shall contain substantially the fol- 24 lowing: 25 (1) The (name of entity allowed to use eminent domain proceedings pursu- 26 ant to chapter 7, title 7, Idaho Code) has the power under the constitution 27 and the laws of the state of Idaho and the United States to take private prop- 28 erty for public use. This power is generally referred to as the power of 29 "eminent domain" or condemnation. The power can only be exercised when: 30 (a) The property is needed for a public use authorized by Idaho law; 31 (b) The taking of the property is necessary to such use; 32 (c) The taking must be located in the manner which will be most compati- 33 ble with the greatest public good and the least private injury. 34 (2) The condemning authority must negotiate with the property owner in 35 good faith to purchase the property sought to be taken and/or to settle with 36 the owner for any other damages which might result to the remainder of the 37 owner's property. 38 (3) The owner of private property to be acquired by the condemning 39 authority is entitled to be paid for any diminution in the value of the 40 owner's remaining property which is caused by the taking and the use of the 41 property taken proposed by the condemning authority. This compensation, called 42 "severance damages," is generally measured by comparing the value of the prop- 43 erty before the taking and the value of the property after the taking. Dam- 2 1 ages are assessed according to Idaho Code. 2 (4) The value of the property to be taken is to be determined based upon 3 the highest and best use of the property. 4 (5) If the negotiations to purchase the property and settle damages are 5 unsuccessful, the property owner is entitled to assessment of damages from a 6 court, jury or referee as provided by Idaho law. 7 (6) The owner has the right to consult with an appraiser of the owner's 8 choosing at any time during the acquisition process at the owner's cost and 9 expense. 10 (7) The condemning authority shall deliver to the owner, upon request, a 11 copy of all appraisal reports concerning the owner's property prepared by the 12 condemning authority. Once a complaint for condemnation is filed, the Idaho 13 rules of civil procedure control the disclosure of appraisals. 14 (8) The owner has the right to consult with an attorney at any time dur- 15 ing the acquisition process. In cases in which the condemning authority 16 condemns property and the owner is able to establish that just compensation 17 exceeds the last amount timely offered by the condemning authority by ten per- 18 cent (10%) or more, the condemning authority may be required to pay the 19 owner's reasonable costs and attorney's fees. The court will make the determi- 20 nation whether costs and fees will be awarded. 21 (9) The form contemplated by this section shall be deemed delivered by 22 United States certified mail, postage prepaid, addressed to the person or per- 23 sons shown in the official records of the county assessor as the owner of the 24 property. A second copy will be attached to the appraisal at the time it is 25 delivered to the owner. 26 (10) If a condemning authority desires to acquire property pursuant to 27 this chapter, the condemning authority or any of its agents or employees shall 28 not give the owner any timing deadline as to when the owner must respond to 29 the initial offer which is less than thirty (30) days. A violation of the pro- 30 visions of this subsection shall render any action pursuant to this chapter 31 null and void. 32 (11) Nothing in this section changes the assessment of damages set forth 33 in section 7-711, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature Second Regular Session - 2000 Moved by Wheeler Seconded by Hawkins IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1515 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 14, following "property" insert: 3 "in fee simple". 4 CORRECTION TO TITLE 5 On page 1, in line 5, following "PROPERTY" insert: "IN FEE SIMPLE". Moved by Ipsen Seconded by Frasure IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1515, As Amended 6 AMENDMENTS TO SECTION 1 7 On page 1 of the engrossed bill, in line 39, delete "also". 8 On page 2, in line 19, following "owner's" insert: "reasonable"; in line 9 21, following "be" insert: "deemed"; and in line 28, delete "an" and insert: 10 "the initial".
STATEMENT OF PURPOSE RS 10185 Idaho citizens may not be aware of their legal rights when there is a potential taking of their property by eminent domain. This statute is intended to provide notice to the property owners of their individual rights in explaining the condemnation process. This bill is intended to give full and fair notice to the property owner of what their rights are at the beginning of any condemnation process as provided for under the laws of the state of Idaho FISCAL IMPACT The only fiscal impact would be the printing of the notices. Contact Name: Senator Grant Ipsen Phone: (208) 332-1326 STATEMENT OF PURPOSE/FISCAL NOTE S1515