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SCR151.....................................by LOCAL GOVERNMENT AND TAXATION
EMINENT DOMAIN - Stating findings of the Legislature and authorizing the
Legislative Council to appoint a committee to undertake and complete a
study of Idaho laws regarding eminent domain and to prepare recommendations
and legislation.
02/21 Senate intro - 1st rdg - to printing
02/22 Rpt prt - to 10th Ord
02/23 10th Ord - ADOPTED - 28-1-6
AYES--Andreason, Branch(Walton), Bunderson, Burtenshaw, Crow,
Danielson, Darrington, Deide, Dunklin, Frasure, Geddes, Ingram,
Ipsen, Keough, King-Barrutia, Noh, Parry, Richardson, Riggs, Risch,
Sandy, Schroeder, Sorensen, Stegner, Thorne, Wheeler, Whitworth,
Williams
NAYS--Boatright
Absent and excused--Cameron, Davis, Hawkins, Lee, McLaughlin,
Stennett
Floor Sponsor - Schroeder
Title apvd - to House
02/24 House intro - 1st rdg - to Loc Gov
03/01 Rpt out - to W/M
SCR151
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-fifth Legislature Second Regular Session - 2000
IN THE SENATE
SENATE CONCURRENT RESOLUTION NO. 151
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 A CONCURRENT RESOLUTION
2 STATING FINDINGS OF THE LEGISLATURE AND AUTHORIZING THE LEGISLATIVE COUNCIL TO
3 APPOINT A COMMITTEE TO UNDERTAKE AND COMPLETE A STUDY OF IDAHO LAWS
4 REGARDING EMINENT DOMAIN AND PREPARE RECOMMENDATIONS AND LEGISLATION WITH
5 RESPECT THERETO.
6 Be It Resolved by the Legislature of the State of Idaho:
7 WHEREAS, the intent of the Legislature in enacting the laws governing emi-
8 nent domain in Chapter 7, Title 7, Idaho Code, was to strike a balance between
9 the legitimate public needs of Idaho's communities and the constitutional
10 rights of private property owners; and
11 WHEREAS, since its original enactment in 1881, Chapter 7, Title 7, Idaho
12 Code, has not been substantially reviewed by the Legislature; and
13 WHEREAS, litigation under this chapter is proving expensive to Idaho's
14 taxpayers and to private property owners seeking to defend their rights; and
15 WHEREAS, some private property owners have not been properly compensated
16 for takings under this chapter, and others have suffered significant proce-
17 dural inequities, contrary to the intent of the Legislature in enacting Chap-
18 ter 7, Title 7, Idaho Code; and
19 WHEREAS, several separate measures to address inadequacies in this chapter
20 have been independently proposed in this session of the Idaho Legislature; and
21 WHEREAS, the issues raised concerning proceedings under this chapter merit
22 comprehensive legislative review by virtue of their technical complexity and
23 constitutional gravity.
24 NOW, THEREFORE, BE IT RESOLVED by the members of the Second Regular Ses-
25 sion of the Fifty-fifth Idaho Legislature, the Senate and the House of Repre-
26 sentatives concurring therein, that the Legislative Council is authorized to
27 appoint a committee to undertake and complete a study of Chapter 7, Title 7,
28 Idaho Code. The Legislative Council shall determine the number of legislators
29 and membership from each house appointed to the committee and shall authorize
30 the committee to receive input, advice and assistance from interested and
31 affected parties who are not members of the Legislature.
32 BE IT FURTHER RESOLVED that nonlegislative members may be appointed by the
33 cochairs of the committee, such members to include: at least one representa-
34 tive from the Idaho Association of Counties, the Association of Idaho Cities
35 or the Idaho Association of Highway Districts, Inc.; an attorney representing
36 counties, cities or highway districts who is familiar with condemnation pro-
37 ceedings; a private attorney familiar with condemnation proceedings from the
38 standpoint of the private property owner; and an attorney representing the
39 office of the Attorney General. Nonlegislative members shall not be reimbursed
40 from legislative funds for per diem, mileage or other expenses and shall not
41 have voting privileges regarding the committee's recommendations or proposed
42 legislation.
43 BE IT FURTHER RESOLVED that the committee shall take public testimony and
44 shall report its findings and recommendations to reform eminent domain pro-
2
1 ceedings, including legislation to recodify Chapter 7, Title 7, Idaho Code, to
2 the First Regular Session of the Fifty-sixth Idaho Legislature.
REVISED REVISED REVISED REVISED REVISED REVISED
STATEMENT OF PURPOSE
RS10156
The purpose of this legislation is to authorize the Legislative Council to appoint a
committee to undertake and complete a study of Idaho laws regarding eminent
domain and prepare recommendations and legislation with respect thereto.
FISCAL NOTE
Cost of interim committees commonly run from $10,000 to $15,000.
CONTACT: Senator Gary J. Schroeder
332-1321
STATEMENT OF PURPOSE/ FISCAL NOTE Bill No. SCR 151
REVISED REVISED REVISED REVISED REVISED REVISE