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HJM006.....................................................by STATE AFFAIRS
PRIVATE PROPERTY RIGHTS - Stating findings of the Legislature and urging
the President of the United States to reiterate his strong support for
private property rights by reaffirming Executive Order 12630.
02/14 House intro - 1st rdg - to printing
02/15 Rpt prt - to 2nd rdg
02/16 2nd rdg - to 3rd rdg
02/19 3rd rdg - ADOPTED - voice vote
Title apvd - to Senate
02/20 Senate intro - 1st rdg - to St Aff
02/27 Rpt out - rec d/p - to 10th Ord
02/28 10th ord - ADOPTED - voice vote
Title apvd - to House
03/01 To enrol
03/02 Rpt enrol - Sp signed
03/05 Pres signed
03/06 To Secretary of State
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT MEMORIAL NO. 6
BY STATE AFFAIRS COMMITTEE
1 A JOINT MEMORIAL
2 TO THE PRESIDENT OF THE UNITED STATES, THE SENATE AND HOUSE OF REPRESENTATIVES
3 OF THE UNITED STATES IN CONGRESS ASSEMBLED, AND TO THE CONGRESSIONAL DELE-
4 GATION REPRESENTING THE STATE OF IDAHO IN THE CONGRESS OF THE UNITED
5 STATES.
6 We, your Memorialists, the House of Representatives and the Senate of the
7 State of Idaho assembled in the First Regular Session of the Fifty-sixth Idaho
8 Legislature, do hereby respectfully represent that:
9 WHEREAS, the right to life, liberty and property is a belief that is
10 deeply rooted in the foundations of our country; and
11 WHEREAS, property rights are at the foundations of our American democracy;
12 and
13 WHEREAS, private property rights, including water rights, are important in
14 every county of Idaho and affect virtually every Idaho citizen including urban
15 homeowners, rural residents, small businesses, farmers and ranchers; and
16 WHEREAS, the Fifth Amendment to the U.S. Constitution and Section 14,
17 Article I of the Idaho Constitution clearly provide that private property
18 shall not be taken for public use without just compensation; and
19 WHEREAS, in many instances the individual effect of government action has
20 caused partial limitation on use of property, and subsequent government
21 actions have caused further limitation which results in a cumulative effect
22 that causes substantial economic impact on said property owners and may
23 approach complete loss of use over time; and
24 WHEREAS, President Ronald Reagan issued Executive Order 12630 on March 15,
25 1988, that required all federal departments and agencies to avoid actions
26 which infringe on private property rights; and
27 WHEREAS, Executive Order 12630 also reminded all federal entities that
28 governmental actions which restrict the use or value of private property could
29 result in a "taking" for which financial compensation by due process is
30 required; and
31 WHEREAS, Executive Order 12630 created an ongoing process within the gov-
32 ernment for assessing the impact on property rights from federal policy, regu-
33 lation and legislation; and
34 WHEREAS, Executive Order 12630 was reaffirmed by President George Herbert
35 Walker Bush but ignored by President William Jefferson Clinton although it was
36 never rescinded.
37 NOW, THEREFORE, BE IT RESOLVED by the members of the First Regular Session
38 of the Fifty-sixth Idaho Legislature, the House of Representatives and the
39 Senate concurring therein, that we urgently request the President of the
40 United States to reiterate his strong support for private property rights by
41 reaffirming Executive Order 12630 and directing all federal agencies to re-
42 implement it immediately with revisions, if needed, to account for partial
43 takings of property and their cumulative effect.
44 BE IT FURTHER RESOLVED that we support congressional enactment of federal
2
1 property rights legislation which would at a minimum include codification of
2 the requirements of Executive Order 12630.
3 BE IT FURTHER RESOLVED that the Chief Clerk of the House of Representa-
4 tives be, and she is hereby authorized and directed to forward a copy of this
5 Memorial to the President of the United States, the President of the Senate
6 and the Speaker of the House of Representatives of Congress, and to the con-
7 gressional delegation representing the State of Idaho in the Congress of the
8 United States.
STATEMENT OF PURPOSE
RS 10905
The purpose of this proposed memorial is to call on the President of
the United States to reiterate his support for private property
rights by reaffirming Executive Order 12630 and directing all federal
agencies to re-implement it immediately.
FISCAL IMPACT
None.
Contact: Representative Scott Bedke
332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJM 6