2000 Legislation
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SENATE BILL NO. 1383 – Eminent domain, atty fees/costs

SENATE BILL NO. 1383

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Daily Data Tracking History



S1383......................................by LOCAL GOVERNMENT AND TAXATION
EMINENT DOMAIN - Amends existing law to provide for the award of attorney's
fees and costs if, in eminent domain proceedings, the award of damages is
higher than the amount originally offered to the owner.
                                                                        
02/08    Senate intro - 1st rdg - to printing
02/09    Rpt prt - to Loc Gov
02/17    Rpt out - to 14th Ord
03/29    Rpt out w/o amen - ret'd to Loc Gov

Bill Text


 S1383
                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-fifth Legislature                  Second Regular Session - 2000
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1383
                                                                        
                         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 PROVIDE FOR THE AWARD OF  ATTORNEY'S  FEES  AND
  4        COSTS IF CERTAIN CIRCUMSTANCES OCCUR; AND DECLARING AN EMERGENCY.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION  1.  That  Section  7-711,  Idaho Code, be, and the same is hereby
  7    amended to read as follows:
                                                                        
  8        7-711.  ASSESSMENT OF DAMAGES. The court, jury or referee must  hear  such
  9    legal  testimony  as  may be offered by any of the parties to the proceedings,
 10    and thereupon must ascertain and assess:
 11        1.  The value of the property sought to be condemned, and all improvements
 12    thereon pertaining to the realty, and of each and  every  separate  estate  or
 13    interest  therein; if it consists of different parcels, the value of each par-
 14    cel and each estate or interest therein shall be separately assessed. For pur-
 15    poses of ascertaining the value of the property, the assessed value for  prop-
 16    erty  tax  purposes shall be used as the minimum amount for damages unless the
 17    court, jury or referee finds the property has been altered substantially.
 18        2.  If the property sought to be condemned constitutes only a  part  of  a
 19    larger  parcel,  the damages which will accrue to the portion not sought to be
 20    condemned, by reason of its severance from the portion sought to be condemned,
 21    and the construction of the improvement in the manner proposed by  the  plain-
 22    tiff.
 23        3.  Separately,  how much the portion not sought to be condemned, and each
 24    estate or interest therein, will be specially and directly  benefited,  if  at
 25    all,  by the construction of the improvement proposed by the plaintiff; and if
 26    the benefit shall be equal to the damages assessed, under  paragraph  2.,  the
 27    owner  of  the parcel shall be allowed no compensation except the value of the
 28    portion taken; but if the benefit shall be less than the damages so  assessed,
 29    the  former  shall be deducted from the latter, and the remainder shall be the
 30    only damages allowed in addition to the value.
 31        4.  If the property sought to be condemned be for a railroad, the cost  of
 32    good  and  sufficient  fences along the line of such railroad, and the cost of
 33    cattle guards where fences may cross the line of such railroad.
 34        5.  As far as practicable, compensation must be assessed for  each  source
 35    of damages separately.
 36        6.  If the property sought to be condemned is private real property activ-
 37    ely  devoted  to  agriculture,  the  damages  which will accrue because of the
 38    costs, if any, of farming around electrical transmission line structure(s) for
 39    a transmission line with a capacity in excess of two hundred thirty  (230)  KV
 40    (kilovolts).  If the property sought to be condemned has been the subject of a
 41    previous condemnation proceeding or proceedings  for  electrical  transmission
 42    line  structure(s) and at the time of condemnation the field holds other elec-
 43    trical transmission line structure(s), such  evidence  of  costs  referred  to
                                                                        
                                          2
                                                                        
  1    above  may  also include the cumulative effects, if any, of conducting farming
  2    operations around other electrical transmission line structure(s) in the  same
  3    field, whether such structure(s) are of the condemner or not.
  4        7.  Attorney's fees and costs shall be awarded to the owner of property if
  5    the  award  of  the  damages  by the court, jury or referee is higher than the
  6    amount originally offered to the owner by the entity seeking the condemnation.
  7    The amount of attorney's fees and costs awarded shall be ten percent (10%)  of
  8    the fair market value of the property being condemned.
                                                                        
  9        SECTION  2.  An  emergency  existing  therefor,  which emergency is hereby
 10    declared to exist, this act shall be in full force and effect on and after its
 11    passage and approval.

Statement of Purpose / Fiscal Impact


     
     
                STATEMENT OF PURPOSE 
                       RS09511 
     The purpose of this legislation is to provide that in Eminent Domain proceedings,
     attorney's fees and costs equaling 10% of the fair market value of the property
     being condemned shall be awarded to the owner of property if the award of the
     damages by the court, jury or referee is higher than the amount originally offered
     to the owner. 
     
     
     
     
     
                     FISCAL NOTE 
     
     It is difficult to assess the total impact of this legislation since government entities
     do not keep records of persons who are not paid fair market value for their
     property. 
     
     
     
     
     
     
               CONTACT:   Senator Gary J. Schroeder
                332-1321 
     
                                                  STATEMENT OF PURPOSE/FISCAL IMPACT           S 1383 
     
     STATEMENT OF PURPOSE/ FISCAL NOTE