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S1076.....................................................by TRANSPORTATION HIGHWAYS - REAL PROPERTY ACQUISITION - Adds to existing law relating to acquisition of real property for a public highway purpose to authorize and direct the Idaho Transportation Board to promulgate rules to ensure that the interests of the property owner whose real property is being acquired for a public highway purpose are protected, that real property owners are afforded every opportunity to understand the process, including the rights and obligations of the property owner and the Idaho Transportation Department and that established time limits for various steps within the process are known and observed by all parties. 02/07 Senate intro - 1st rdg - to printing 02/08 Rpt prt - to Transp
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1076 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO HIGHWAY RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION; 3 AMENDING CHAPTER 20, TITLE 40, IDAHO CODE, BY THE ADDITION OF A NEW SEC- 4 TION 40-2014, IDAHO CODE, TO AUTHORIZE AND DIRECT THE IDAHO TRANSPORTATION 5 BOARD TO PROMULGATE RULES TO ENSURE THAT THE INTERESTS OF THE PROPERTY 6 OWNER WHOSE REAL PROPERTY IS BEING ACQUIRED FOR A PUBLIC HIGHWAY PURPOSE 7 ARE PROTECTED AND THAT SUCH REAL PROPERTY OWNERS ARE AFFORDED EVERY OPPOR- 8 TUNITY TO UNDERSTAND THE PROCESS, INCLUDING THE RIGHTS AND OBLIGATIONS OF 9 THE PROPERTY OWNER AND THE DEPARTMENT, AND THAT ESTABLISHED TIME LIMITS 10 FOR VARIOUS STEPS WITHIN THE PROCESS ARE KNOWN AND OBSERVED BY ALL PAR- 11 TIES. 12 Be It Enacted by the Legislature of the State of Idaho: 13 SECTION 1. That Chapter 20, Title 40, Idaho Code, be, and the same is 14 hereby amended by the addition thereto of a NEW SECTION, to be known and des- 15 ignated as Section 40-2014, Idaho Code, and to read as follows: 16 40-2014. RULES ON PROCEDURE FOR ACQUISITION OF REAL PROPERTY. (1) It is 17 the intent of the legislature that when a person whose real property is being 18 acquired for a public highway purpose, the Idaho transportation department 19 shall ensure that the interests of the real property owner are protected. The 20 department shall encourage and expedite acquisition by agreement to avoid lit- 21 igation and shall assure consistent treatment of real property owners. The 22 legislature further recognizes that for public projects financed in whole or 23 in part with federal funds, the policies and provisions of the federal uniform 24 relocation assistance and real property acquisition policies act of 1970 and 25 its amendments shall apply. 26 (2) In order to ensure the consistent and fair treatment of property 27 owners in a timely manner, and to provide that the property owner shall have 28 reasonable prior knowledge of the entire process of acquisition of his real 29 property, including time limits specified for various steps in the procedure, 30 the Idaho transportation board is hereby authorized and directed to promulgate 31 rules which address the following: 32 (a) Appraisal process. Appraisals shall be made prior to negotiations; 33 real property owner or his designee shall be allowed to accompany 34 appraiser on his inspection; appraiser may not consider an increase or 35 decrease in the value of the property prior to the date of valuation; the 36 completed appraisal shall be reviewed by the department; and appraisals 37 over ninety (90) days old from the date of authorization to initiate nego- 38 tiations shall be updated in an expeditious manner. 39 (b) Offer. The department shall make a prompt offer for the full amount 40 it has determined to be just compensation; the department shall not take 41 any action which coerces the owner into accepting its offer; prohibited 42 coercive actions shall be described; and for formal offers made after 43 sixty (60) days but before ninety (90) days, or made after ninety (90) 2 1 days from the date of appraisal review, the department shall describe 2 duties of the assigned negotiator with respect to explanations due to the 3 property owner. 4 (c) Negotiations. A written statement shall be provided to the property 5 owner, which statement shall include the amount offered and an explanation 6 of the basis for determining the amount; in cases where only a part of the 7 property is to be acquired, the statement shall separate the amount of 8 compensation to be paid for the property being acquired and the amount, if 9 any, for damages to the remainder; and if the acquisition leaves the prop- 10 erty owner with an uneconomic remnant, the department or other appropriate 11 agency shall offer to purchase it; a description of the options regarding 12 use of an owner's appraisal; and the order of events with respect to 13 appraisals under condemnation proceedings. 14 (d) Acquisitions. Acquisitions shall be completed within ninety (90) days 15 of the date of authorization to initiate negotiations; the department 16 shall mail the acquisition packet to the property owner by certified mail 17 with return receipt or may deliver the packet in person; the department 18 shall contact the property owner within ten (10) days to answer questions 19 and arrange a personal meeting if required. 20 (e) Possession. A description of the circumstances under which a property 21 owner shall not be required to surrender possession of his property; and 22 if the property owner is required to move or relocate a business or farm 23 operation before the property has been acquired, the property owner shall 24 be given at least ninety (90) days' written advance notice of the date by 25 which the owner is required to move. 26 (f) Condemnation. A description of condemnation procedures and any appli- 27 cable time limits. 28 (g) Contact persons within the transportation department. The department 29 shall maintain a current register of all persons within the department who 30 can be contacted by the property owner regarding progress on individual 31 cases, or any other pertinent information required by the property owner 32 relative to the department; and the department shall ensure each property 33 owner receives a copy of the registry. 34 (3) The board is further authorized and directed to include such addi- 35 tional information in the rules as necessary to implement the intent of the 36 legislature to ensure that such Idaho property owners whose property is being 37 acquired for a public highway purpose are afforded every opportunity to under- 38 stand the process, including the rights and obligations of the property owner 39 and the department, and that established time limits for various steps within 40 the process are known and observed by all parties.
STATEMENT OF PURPOSE RS 10781 It is the purpose of this legislation to put into code, the process by which real property is acquired by the Idaho Department of Transportation (ITD). Further, it is the purpose of this legislation to protect the interests of the private property owner by requiring lTD to clearly layout time frames for acquisition and a tool for measurement of progress and accountability so that the process is more easily understood, and all parties, including the department, are engaged in a fair process. FISCAL IMPACT Much of the bill s language is already in place as an lTD in- house "manual". There will be a cost to publish the rule. There may be an additional cost as staff will be publicly committed to a time frame. Contact Name: Sen. Shawn Keough Phone: 332 1405 STATEMENT OF PURPOSE/FISCAL NOTE S 1076