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SENATE BILL NO. 1494, As Amended – Property, condemned, moving costs

SENATE BILL NO. 1494, As Amended

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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

Bill Text


 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.

Amendment


 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 / Fiscal Impact


                           
                           
                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