Print Friendly SENATE BILL NO. 1076 – Hwys, real property acquisition
SENATE BILL NO. 1076
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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 - 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-
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)
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
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.
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.
Name: Sen. Shawn Keough
Phone: 332 1405
STATEMENT OF PURPOSE/FISCAL NOTE S 1076