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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 - 2001
IN 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 follow
17 the provisions of this section when selling real or personal property belong-
18 ing to it, but not necessary for its use. The proceeds from such sale shall be
19 paid to the highway district or single countywide highway district for its
20 use.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved 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 - 2001
IN 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