2001 Legislation
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SENATE BILL NO. 1076 – Hwys, real property acquisition

SENATE BILL NO. 1076

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View Statement of Purpose / Fiscal Impact



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Daily Data Tracking History



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

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  First Regular Session - 2001
                                                                        
                                                                        
                                       IN 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 / Fiscal Impact


                      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