2000 Legislation
Print Friendly

SENATE BILL NO. 1515, As Amended, As Amended – Eminent domain, local gov’t, duties

SENATE BILL NO. 1515, As Amended, As Amended

View Daily Data Tracking History

View Bill Text

View Amendment

View Statement of Purpose / Fiscal Impact



Text to be added within a bill has been marked with Bold and
Underline. Text to be removed has been marked with
Strikethrough and Italic. How these codes are actually displayed will
vary based on the browser software you are using.

This sentence is marked with bold and underline to show added text.

This sentence is marked with strikethrough and italic, indicating
text to be removed.

Daily Data Tracking History



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

Bill Text


 S1515
                                                                        
                                                                        
  ||||              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.

Amendment


 AS1515
                                                                        
                                                                        
  ||||              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 / Fiscal Impact


     
     
                 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