2001 Legislation
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HOUSE JOINT MEMORIAL NO. 6 – Private property rghts, Exec Order

HOUSE JOINT MEMORIAL NO. 6

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Daily Data Tracking History



HJM006.....................................................by STATE AFFAIRS
PRIVATE PROPERTY RIGHTS - Stating findings of the Legislature and urging
the President of the United States to reiterate his strong support for
private property rights by reaffirming Executive Order 12630.
                                                                        
02/14    House intro - 1st rdg - to printing
02/15    Rpt prt - to 2nd rdg
02/16    2nd rdg - to 3rd rdg
02/19    3rd rdg - ADOPTED - voice vote
    Title apvd - to Senate
02/20    Senate intro - 1st rdg - to St Aff
02/27    Rpt out - rec d/p - to 10th Ord
02/28    10th ord - ADOPTED - voice vote
    Title apvd - to House
03/01    To enrol
03/02    Rpt enrol - Sp signed
03/05    Pres signed
03/06    To Secretary of State

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                 HOUSE JOINT MEMORIAL NO. 6
                                                                        
                                 BY STATE AFFAIRS COMMITTEE
                                                                        
  1                                   A JOINT MEMORIAL
  2    TO THE PRESIDENT OF THE UNITED STATES, THE SENATE AND HOUSE OF REPRESENTATIVES
  3        OF THE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELE-
  4        GATION REPRESENTING THE STATE OF IDAHO  IN  THE  CONGRESS  OF  THE  UNITED
  5        STATES.
                                                                        
  6        We,  your Memorialists, the House of Representatives and the Senate of the
  7    State of Idaho assembled in the First Regular Session of the Fifty-sixth Idaho
  8    Legislature, do hereby respectfully represent that:
                                                                        
  9        WHEREAS, the right to life, liberty and  property  is  a  belief  that  is
 10    deeply rooted in the foundations of our country; and
 11        WHEREAS, property rights are at the foundations of our American democracy;
 12    and
 13        WHEREAS, private property rights, including water rights, are important in
 14    every county of Idaho and affect virtually every Idaho citizen including urban
 15    homeowners, rural residents, small businesses, farmers and ranchers; and
 16        WHEREAS,  the  Fifth  Amendment  to  the U.S. Constitution and Section 14,
 17    Article I of the Idaho Constitution  clearly  provide  that  private  property
 18    shall not be taken for public use without just compensation; and
 19        WHEREAS,  in many instances the individual effect of government action has
 20    caused partial limitation  on  use  of  property,  and  subsequent  government
 21    actions  have  caused  further limitation which results in a cumulative effect
 22    that causes substantial economic  impact  on  said  property  owners  and  may
 23    approach complete loss of use over time; and
 24        WHEREAS, President Ronald Reagan issued Executive Order 12630 on March 15,
 25    1988,  that  required  all  federal  departments and agencies to avoid actions
 26    which infringe on private property rights; and
 27        WHEREAS, Executive Order 12630 also reminded  all  federal  entities  that
 28    governmental actions which restrict the use or value of private property could
 29    result  in  a  "taking"  for  which  financial  compensation by due process is
 30    required; and
 31        WHEREAS, Executive Order 12630 created an ongoing process within the  gov-
 32    ernment for assessing the impact on property rights from federal policy, regu-
 33    lation and legislation; and
 34        WHEREAS,  Executive Order 12630 was reaffirmed by President George Herbert
 35    Walker Bush but ignored by President William Jefferson Clinton although it was
 36    never rescinded.
 37        NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
 38    of the Fifty-sixth Idaho Legislature, the House  of  Representatives  and  the
 39    Senate  concurring  therein,  that  we  urgently  request the President of the
 40    United States to reiterate his strong support for private property  rights  by
 41    reaffirming  Executive  Order  12630 and directing all federal agencies to re-
 42    implement it immediately with revisions, if needed,  to  account  for  partial
 43    takings of property and their cumulative effect.
 44        BE  IT FURTHER RESOLVED that we support congressional enactment of federal
                                                                        
                                           2
                                                                        
  1    property rights legislation which would at a minimum include  codification  of
  2    the requirements of Executive Order 12630.
  3        BE  IT  FURTHER  RESOLVED that the Chief Clerk of the House of Representa-
  4    tives be, and she is hereby authorized and directed to forward a copy of  this
  5    Memorial  to  the  President of the United States, the President of the Senate
  6    and the Speaker of the House of Representatives of Congress, and to  the  con-
  7    gressional  delegation  representing the State of Idaho in the Congress of the
  8    United States.

Statement of Purpose / Fiscal Impact


                     STATEMENT OF PURPOSE
                               
                           RS 10905
                               
The purpose of this proposed memorial is to call on the President of
the United States to reiterate his support for private property
rights by reaffirming Executive Order 12630 and directing all federal
agencies to re-implement it immediately.



                                

                         FISCAL IMPACT
                               
None.





















          Contact: Representative Scott Bedke

          332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                                                      HJM 6