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S1105aa...................................................by TRANSPORTATION HIGHWAY DISTRICTS - Amends existing law to provide that certain sales of real or personal property by a highway district or single countywide highway district are limited to property which has a value in excess of $5000. 02/09 Senate intro - 1st rdg - to printing 02/12 Rpt prt - to Transp 02/28 Rpt out - to 14th Ord 03/08 Rpt out amen - to engros 03/09 Rpt engros - 1st rdg - to 2nd rdg as amen 03/12 2nd rdg - to 3rd rdg as amen 03/13 3rd rdg as amen - PASSED - 30-1-4 AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough, King-Barrutia, Lodge, Noh, Richardson, Risch, Sandy, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth, Williams, NAYS -- Schroeder Absent and excused -- Branch(Bartlett), Brandt, Lee, Sims Floor Sponsor -- Ingram Title apvd - to House 03/14 House intro - 1st rdg - to Transp 03/23 Rpt out - rec d/p - to 2nd rdg as amen 03/26 2nd rdg - to 3rd rdg as amen 03/28 3rd rdg as amen - PASSED - 64-0-6 AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz, Bradford, Bruneel, Callister, Campbell, Chase, Clark, Collins, Crow, Cuddy, Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond, Hansen, Harwood, Henbest(Farley), Higgins, Hornbeck, Jaquet, Jones, Kellogg, Kendell, Kunz, Langford, Loertscher, Mader, Marley, McKague, Meyer, Montgomery, Mortensen, Moss, Pearce, Pomeroy, Raybould, Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Smith, Smylie, Stevenson, Stone, Tilman, Trail, Young(Young) NAYS -- None Absent and excused -- Lake, Moyle, Pischner, Wheeler, Wood, Mr. Speaker Floor Sponsor -- McKague Title apvd - to Senate 03/29 To enrol Rpt enrol - Pres signed 03/30 Sp signed - to Governor 04/04 Governor signed Session Law Chapter 333 Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1105 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SALES OF COUNTY PROPERTY; AMENDING SECTION 31-808, IDAHO CODE, TO 3 DELETE LANGUAGE REQUIRING HIGHWAY DISTRICTS TO FOLLOW CERTAIN PROCEDURES 4 FOR THE SALE OF REAL OR PERSONAL PROPERTY. 5 Be It Enacted by the Legislature of the State of Idaho: 6 SECTION 1. That Section 31-808, Idaho Code, be, and the same is hereby 7 amended to read as follows: 8 31-808. SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY 9 ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF 10 COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA- 11 TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis- 12 sioners shall have the power and authority to sell or offer for sale at public 13 auction any real or personal property belonging to the county not necessary 14 for its use. However, personal property not exceeding two hundred fifty dol- 15 lars ($250) in value may be sold at private sale without notice or public auc- 16 tion. Prior to offering the property for sale, the board of county commission- 17 ers shall advertise notice of the auction in a newspaper, as defined in sec- 18 tion 60-106, Idaho Code, either published in the county or having a general 19 circulation in the county, not less than ten (10) calendar days prior to the 20 auction. If the property to be sold is real property, the notice to be pub- 21 lished shall contain the legal description as well as the street address of 22 the property. If the property is outside the corporate limits of a city and 23 does not have a street address, then the description shall also contain the 24 distance and direction of the location of the real property from the closest 25 city. If the property to be sold is acquired by tax deed, the notice required 26 to be published shall include, next to the description of the property, the 27 name of the taxpayer as it appears in the delinquent tax certificate upon 28 which the tax deed was issued. The property shall be sold to the highest bid- 29 der. However, the board of county commissioners may reserve the right to 30 reject any and all bids and shall have discretionary authority to reject or 31 accept any bid which may be made for an amount less than the total amount of 32 all delinquent taxes, late charges, costs and interest which may have accrued 33 against any property so offered for sale, including the amount specified in 34 the tax deed to the county. 35 (2) Proceeds from the sale of county property not acquired by tax deed 36 shall be paid into the county treasury for the general use of the county. If 37 the property to be sold has been acquired by tax deed, pursuant to the provi- 38 sions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after 39 reimbursement to the county for the cost of advertising and sale, shall be 40 apportioned to the taxing districts in which the property is situated accord- 41 ing to the levy applied to the year of delinquency upon which the tax deed was 42 issued to the county. 43 (3) Any property sold may be carried on a recorded contract with the 2 1 county for a term not to exceed ten (10) years and at an interest rate not to 2 exceed the rate of interest specified in section 28-22-104(1), Idaho Code. 3 The board of county commissioners shall have the authority to cancel any con- 4 tract if the purchaser fails to comply with any of the terms of the contract 5 and the county shall retain all payments made on the contract. The title to 6 all property sold on contract shall be retained in the name of the county 7 until full payment has been made by the purchaser. However, the purchaser 8 shall be responsible for payment of all property taxes during the period of 9 the contract. 10 (4) Any sale of property by the county shall vest in the purchaser all of 11 the right, title and interest of the county in the property, including all 12 delinquent taxes which have become a lien on the property since the date of 13 issue of the tax deed, if any. 14 (5) In addition to the purchase price, a purchaser of county property, 15 including property acquired by tax deed, shall pay all fees required by law 16 for the transfer of property. No deed for any real estate purchased pursuant 17 to the provisions of this section shall be delivered to a purchaser until such 18 deed has been recorded in the county making the sale. 19 (6) Should the county be unable to sell at a public auction any real or 20 personal property belonging to the county, including property acquired by tax 21 deed, it may sell the property without further notice by public or private 22 sale upon such terms and conditions as the county deems necessary. Distribu- 23 tion of the proceeds of sale shall be as set forth in subsection (2) of this 24 section. 25 (7) The board of county commissioners may at its discretion, when in the 26 county's best interest, exchange and do all things necessary to exchange any 27 of the real property now or hereafter held and owned by the county for real 28 property of equal value, public or private, to consolidate county real prop- 29 erty or aid the county in the control and management or use of county real 30 property. 31 (8) The board of county commissioners may, by resolution, declare certain 32 parcels of real property as odd-lot property, all or portions of which are not 33 needed for public purposes and are excess to the needs of the county. For pur- 34 poses of this subsection, odd-lot property is defined as that property that 35 has an irregular shape or is a remnant and has value primarily to an adjoining 36 property owner. Odd-lot property may be sold to an adjacent property owner for 37 fair market value that is estimated by a land appraiser licensed to appraise 38 property in the state of Idaho. If, after thirty (30) days' written notice, an 39 adjoining property owner or owners do not desire to purchase the odd-lot prop- 40 erty, the board of county commissioners may sell the property to any other 41 interested party for not less than the appraised value. When a sale of odd-lot 42 property is agreed to, a public advertisement of the pending sale shall be 43 published in one (1) edition of the newspaper as defined in subsection (1) of 44 this section, and the public shall have fifteen (15) days to object to the 45 sale in writing. The board of county commissioners shall make the final deter- 46 mination regarding the sale of odd-lot property in an open meeting. 47 (9) In addition to any other powers granted by law, the board of county 48 commissioners may at their discretion, grant to or exchange with the federal 49 government, the state of Idaho, any political subdivision or taxing district 50 of the state of Idaho or any local historical society which is incorporated as 51 an Idaho nonprofit corporation which operates primarily in the county or 52 maintains a museum in the county, with or without compensation, any real or 53 personal property or any interest in such property owned by the county or 54 acquired by tax deed, after adoption of a resolution by the board of county 55 commissioners that the grant or exchange of property is in the public inter- 3 1 est. Notice of such grant or exchange shall be as provided in subsection (1) 2 of this section and the decision may be made at any regularly or specially 3 scheduled meeting of the board of county commissioners. The execution and 4 delivery by the county of the deed conveying an interest in the property shall 5 operate to discharge and cancel all levies, liens and taxes made or created 6 for the benefit of the state, county or any other political subdivision or 7 taxing district and to cancel all titles or claims of title including claims 8 of redemption to such real property asserted or existing at the time of such 9 conveyance. However, if the property conveyed is subject to a lien for one (1) 10 or more unsatisfied special assessments, the lien shall continue until all 11 special assessments have been paid in full. At no time shall a lien for a spe- 12 cial assessment be extinguished prior to such special assessment having been 13 paid in full. Any property conveyed to any local historical society by the 14 county shall revert to the county when the property is no longer utilized for 15 the purposes for which it was conveyed. 16(10) A highway district or single countywide highway district shall follow17the provisions of this section when selling real or personal property belong-18ing to it, but not necessary for its use. The proceeds from such sale shall be19paid to the highway district or single countywide highway district for its20use.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001Moved by Ingram Seconded by Frasure IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1105 1 AMENDMENT TO SECTION 1 2 On page 3 of the printed bill, delete lines 16 through 20, and insert: 3 "(10) A highway district or single countywide highway district shall fol- 4 low the provisions of this section when selling real or personal property 5 which has a value in excess of five thousand dollars ($5,000) belonging to it,6 but not necessary for its use. The proceeds from such sale shall be paid to 7 the highway district or single countywide highway district for its use.". 8 CORRECTION TO TITLE 9 On page 1, delete lines 3 and 4, and insert: "PROVIDE THAT CERTAIN SALES 10 OF REAL OR PERSONAL PROPERTY BY A HIGHWAY DISTRICT OR SINGLE COUNTYWIDE HIGH- 11 WAY DISTRICT ARE LIMITED TO PROPERTY WHICH HAS A VALUE IN EXCESS OF FIVE THOU- 12 SAND DOLLARS.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE SENATE SENATE BILL NO. 1105, As Amended BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SALES OF COUNTY PROPERTY; AMENDING SECTION 31-808, IDAHO CODE, TO 3 PROVIDE THAT CERTAIN SALES OF REAL OR PERSONAL PROPERTY BY A HIGHWAY DIS- 4 TRICT OR SINGLE COUNTYWIDE HIGHWAY DISTRICT ARE LIMITED TO PROPERTY WHICH 5 HAS A VALUE IN EXCESS OF FIVE THOUSAND DOLLARS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 31-808, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 31-808. SALE OF COUNTY PROPERTY -- GENERAL PROCEDURE -- SALE OF PROPERTY 10 ACQUIRED THROUGH TAX DEED -- PROCEDURE AFTER ATTEMPTED AUCTION -- EXCHANGE OF 11 COUNTY PROPERTY -- SALE OF CERTAIN ODD-LOT PROPERTY -- SALE, EXCHANGE OR DONA- 12 TION OF PROPERTY TO OTHER UNITS OF GOVERNMENT. (1) A board of county commis- 13 sioners shall have the power and authority to sell or offer for sale at public 14 auction any real or personal property belonging to the county not necessary 15 for its use. However, personal property not exceeding two hundred fifty dol- 16 lars ($250) in value may be sold at private sale without notice or public auc- 17 tion. Prior to offering the property for sale, the board of county commission- 18 ers shall advertise notice of the auction in a newspaper, as defined in sec- 19 tion 60-106, Idaho Code, either published in the county or having a general 20 circulation in the county, not less than ten (10) calendar days prior to the 21 auction. If the property to be sold is real property, the notice to be pub- 22 lished shall contain the legal description as well as the street address of 23 the property. If the property is outside the corporate limits of a city and 24 does not have a street address, then the description shall also contain the 25 distance and direction of the location of the real property from the closest 26 city. If the property to be sold is acquired by tax deed, the notice required 27 to be published shall include, next to the description of the property, the 28 name of the taxpayer as it appears in the delinquent tax certificate upon 29 which the tax deed was issued. The property shall be sold to the highest bid- 30 der. However, the board of county commissioners may reserve the right to 31 reject any and all bids and shall have discretionary authority to reject or 32 accept any bid which may be made for an amount less than the total amount of 33 all delinquent taxes, late charges, costs and interest which may have accrued 34 against any property so offered for sale, including the amount specified in 35 the tax deed to the county. 36 (2) Proceeds from the sale of county property not acquired by tax deed 37 shall be paid into the county treasury for the general use of the county. If 38 the property to be sold has been acquired by tax deed, pursuant to the provi- 39 sions of chapter 10, title 63, Idaho Code, the proceeds from the sale, after 40 reimbursement to the county for the cost of advertising and sale, shall be 41 apportioned to the taxing districts in which the property is situated accord- 42 ing to the levy applied to the year of delinquency upon which the tax deed was 43 issued to the county. 2 1 (3) Any property sold may be carried on a recorded contract with the 2 county for a term not to exceed ten (10) years and at an interest rate not to 3 exceed the rate of interest specified in section 28-22-104(1), Idaho Code. 4 The board of county commissioners shall have the authority to cancel any con- 5 tract if the purchaser fails to comply with any of the terms of the contract 6 and the county shall retain all payments made on the contract. The title to 7 all property sold on contract shall be retained in the name of the county 8 until full payment has been made by the purchaser. However, the purchaser 9 shall be responsible for payment of all property taxes during the period of 10 the contract. 11 (4) Any sale of property by the county shall vest in the purchaser all of 12 the right, title and interest of the county in the property, including all 13 delinquent taxes which have become a lien on the property since the date of 14 issue of the tax deed, if any. 15 (5) In addition to the purchase price, a purchaser of county property, 16 including property acquired by tax deed, shall pay all fees required by law 17 for the transfer of property. No deed for any real estate purchased pursuant 18 to the provisions of this section shall be delivered to a purchaser until such 19 deed has been recorded in the county making the sale. 20 (6) Should the county be unable to sell at a public auction any real or 21 personal property belonging to the county, including property acquired by tax 22 deed, it may sell the property without further notice by public or private 23 sale upon such terms and conditions as the county deems necessary. Distribu- 24 tion of the proceeds of sale shall be as set forth in subsection (2) of this 25 section. 26 (7) The board of county commissioners may at its discretion, when in the 27 county's best interest, exchange and do all things necessary to exchange any 28 of the real property now or hereafter held and owned by the county for real 29 property of equal value, public or private, to consolidate county real prop- 30 erty or aid the county in the control and management or use of county real 31 property. 32 (8) The board of county commissioners may, by resolution, declare certain 33 parcels of real property as odd-lot property, all or portions of which are not 34 needed for public purposes and are excess to the needs of the county. For pur- 35 poses of this subsection, odd-lot property is defined as that property that 36 has an irregular shape or is a remnant and has value primarily to an adjoining 37 property owner. Odd-lot property may be sold to an adjacent property owner for 38 fair market value that is estimated by a land appraiser licensed to appraise 39 property in the state of Idaho. If, after thirty (30) days' written notice, an 40 adjoining property owner or owners do not desire to purchase the odd-lot prop- 41 erty, the board of county commissioners may sell the property to any other 42 interested party for not less than the appraised value. When a sale of odd-lot 43 property is agreed to, a public advertisement of the pending sale shall be 44 published in one (1) edition of the newspaper as defined in subsection (1) of 45 this section, and the public shall have fifteen (15) days to object to the 46 sale in writing. The board of county commissioners shall make the final deter- 47 mination regarding the sale of odd-lot property in an open meeting. 48 (9) In addition to any other powers granted by law, the board of county 49 commissioners may at their discretion, grant to or exchange with the federal 50 government, the state of Idaho, any political subdivision or taxing district 51 of the state of Idaho or any local historical society which is incorporated as 52 an Idaho nonprofit corporation which operates primarily in the county or 53 maintains a museum in the county, with or without compensation, any real or 54 personal property or any interest in such property owned by the county or 55 acquired by tax deed, after adoption of a resolution by the board of county 3 1 commissioners that the grant or exchange of property is in the public inter- 2 est. Notice of such grant or exchange shall be as provided in subsection (1) 3 of this section and the decision may be made at any regularly or specially 4 scheduled meeting of the board of county commissioners. The execution and 5 delivery by the county of the deed conveying an interest in the property shall 6 operate to discharge and cancel all levies, liens and taxes made or created 7 for the benefit of the state, county or any other political subdivision or 8 taxing district and to cancel all titles or claims of title including claims 9 of redemption to such real property asserted or existing at the time of such 10 conveyance. However, if the property conveyed is subject to a lien for one (1) 11 or more unsatisfied special assessments, the lien shall continue until all 12 special assessments have been paid in full. At no time shall a lien for a spe- 13 cial assessment be extinguished prior to such special assessment having been 14 paid in full. Any property conveyed to any local historical society by the 15 county shall revert to the county when the property is no longer utilized for 16 the purposes for which it was conveyed. 17 (10) A highway district or single countywide highway district shall follow 18 the provisions of this section when selling real or personal property which 19 has a value in excess of five thousand dollars ($5,000) belonging to it,but 20 not necessary for its use. The proceeds from such sale shall be paid to the 21 highway district or single countywide highway district for its use.
STATEMENT OF PURPOSE RS 10895 During the 2000 legislative session, Senate Bill 1431, passed and subsequently provided procedures for the disposal of equipment no longer useful to a highway district. Idaho Code section 31-808, Title 31, originally contained the provisions for disposal of equipment for both counties and highway districts. With the passage of SB 1431, however, the reference to highway districts in Idaho Code, section 31- 808, is no longer valid. This legislation deletes the reference to highway districts in Idaho Code, section 31- 808, that should have been contained in SB 1431. None to the General Fund. FISCAL IMPACT Contact Name: Stuart 0. Davis; Executive Director, Idaho Association of Highway Districts, Inc. Phone:859-9378 STATEMENT OF PURPOSE/FISCAL NOTE S 110