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HJR003.....................................................by STATE AFFAIRS
REAL PROPERTY - TAKINGS - Proposes an amendment to the Constitution of the
State of Idaho to provide that, with regard to private real property and
appurtenances, a taking shall arise from any action that results in
physical invasion or occupation or affects real property, in whole or in
part, temporarily or permanently, in a manner that restricts or impairs the
use or economic value thereof, except that public nuisances may be
prevented or abated and reasonable conditions may be imposed on the
development of real property which are proportionate to the impact of such
development on public health, public safety, public services or
infrastructure; to provide that a taking may result from the enactment of
statutes, ordinances, rules, regulations or the issuance or enforcement of
administrative orders, policies or other governmental actions; and to
provide that nothing in this amendment shall modify or otherwise affect the
provisions of Sections 1 through 6, Article XV of the Constitution of the
State of Idaho relating to water rights.
02/08 House intro - 1st rdg - to printing
02/11 Rpt prt - to St Aff
02/14 Rpt out - rec d/p - to 2nd rdg
02/15 2nd rdg - to 3rd rdg
03/06 Ret'd to St Aff
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 3
BY STATE AFFAIRS COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, RELATING TO THE RIGHT OF EMINENT DOMAIN, TO PROVIDE THAT,
4 WITH REGARD TO PRIVATE REAL PROPERTY AND APPURTENANCES, A TAKING SHALL
5 ARISE FROM ANY ACTION TAKEN AFTER JULY 1, 2003, THAT RESULTS IN ITS PHYS-
6 ICAL INVASION OR OCCUPATION, OR AFFECTS REAL PROPERTY, IN WHOLE OR IN
7 PART, TEMPORARILY OR PERMANENTLY, IN A MANNER THAT RESTRICTS OR IMPAIRS
8 THE USE OR ECONOMIC VALUE THEREOF, EXCEPT THAT PUBLIC NUISANCES AS PRO-
9 VIDED BY LAW MAY BE PREVENTED OR ABATED, AND REASONABLE CONDITIONS MAY BE
10 IMPOSED ON THE DEVELOPMENT OF REAL PROPERTY WHICH ARE PROPORTIONATE TO THE
11 IMPACT OF SUCH DEVELOPMENT ON PUBLIC HEALTH, PUBLIC SAFETY, PUBLIC SER-
12 VICES OR INFRASTRUCTURE, TO PROVIDE THAT A TAKING MAY RESULT FROM THE
13 ENACTMENT OF STATUTES, ORDINANCES, RULES, REGULATIONS OR THE ISSUANCE OR
14 ENFORCEMENT OF ADMINISTRATIVE ORDERS, POLICIES OR OTHER GOVERNMENTAL
15 ACTIONS AND TO PROVIDE THAT NOTHING IN THIS AMENDMENT SHALL MODIFY OR
16 OTHERWISE AFFECT THE PROVISIONS OF SECTIONS 1 THROUGH 6, ARTICLE XV, OF
17 THE CONSTITUTION OF THE STATE OF IDAHO, RELATING TO WATER RIGHTS; STATING
18 THE QUESTION TO BE SUBMITTED TO THE ELECTORATE; DIRECTING THE LEGISLATIVE
19 COUNCIL TO PREPARE THE STATEMENTS REQUIRED BY LAW; AND DIRECTING THE SEC-
20 RETARY OF STATE TO PUBLISH THE AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
21 Be It Resolved by the Legislature of the State of Idaho:
22 SECTION 1. That Section 14, Article I, of the Constitution of the State
23 of Idaho be amended to read as follows:
24 SECTION 14. RIGHT OF EMINENT DOMAIN. The necessary use of lands
25 for the construction of reservoirs or storage basins, for the purpose
26 of irrigation, or for rights of way for the construction of canals,
27 ditches, flumes or pipes, to convey water to the place of use for any
28 useful, beneficial or necessary purpose, or for drainage; or for the
29 drainage of mines, or the working thereof, by means of roads, rail-
30 roads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or
31 other necessary means to their complete development, or any other use
32 necessary to the complete development of the material resources of
33 the state, or the preservation of the health of its inhabitants, is
34 hereby declared to be a public use, and subject to the regulation and
35 control of the state.
36 Private property may be taken for public use, but not until a
37 just compensation, to be ascertained in the manner prescribed by law,
38 shall be paid therefor.
39 With regard to private real property and appurtenances, a taking
40 shall arise from any action taken after July 1, 2003, that results in
41 its physical invasion or occupation, or affects real property, in
42 whole or in part, temporarily or permanently, in a manner that
43 restricts or impairs the use or economic value thereof, except that
2
1 public nuisances as provided by law may be prevented or abated, and
2 reasonable conditions may be imposed on the development of real prop-
3 erty which are proportionate to the impact of such development on
4 public health, public safety, public services or infrastructure. A
5 taking may result from the enactment of statutes, ordinances, rules,
6 regulations or the issuance or enforcement of administrative orders,
7 policies or other governmental actions. Nothing in this section shall
8 modify or otherwise affect the provisions of Sections 1 through 6,
9 Article XV.
10 SECTION 2. The question to be submitted to the electors of the state of
11 Idaho at the next general election shall be as follows:
12 "Shall Section 14, Article I, of the Constitution of the State of Idaho be
13 amended to provide that, with regard to private real property and appurte-
14 nances, a taking shall arise from any action taken after July 1, 2003, that
15 results in its physical invasion or occupation, or affects real property, in
16 whole or in part, temporarily or permanently, in a manner that restricts or
17 impairs the use or economic value thereof, except that public nuisances as
18 provided by law may be prevented or abated, and reasonable conditions may be
19 imposed on the development of real property which are proportionate to the
20 impact of such development on public health, public safety, public services or
21 infrastructure, to provide that a taking may result from the enactment of
22 statutes, ordinances, rules, regulations or the issuance or enforcement of
23 administrative orders, policies or other governmental actions and to provide
24 that nothing in this amendment shall modify or otherwise affect the provisions
25 of Sections 1 through 6, Article XV of the Constitution of the State of Idaho
26 relating to water rights?".
27 SECTION 3. The Legislative Council is directed to prepare the statements
28 required by Section 67-453, Idaho Code, and file the same.
29 SECTION 4. The Secretary of State is hereby directed to publish this pro-
30 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS11541C1
The purpose of this joint resolution is to amend Section 14, Article
I, of the Constitution of the State of Idaho, to state that the
provisions of this section relating to the right of eminent domain
shall provide that, with regard to private real property and
appurtenances, a taking shall arise from any action taken after
July 1, 2003 that results in its physical invasion or occupation,
or affects real property, in whole or in part, temporarily or
permanently, in a manner that restricts or impairs the use or
economic value of that private real property or appurtenance.
Public nuisances, as provided by law, however, may be prevented or
abated and reasonable conditions may be imposed on the development
of real property which are proportionate to the impact of such
development on public health, public safety, public services or
infrastructure.
A taking may result from the enactment of statutes, ordinances,
rules, regulations or the issuance or enforcement of administrative
orders, policies or other governmental actions.
This proposed amendment will not modify or otherwise affect
provisions of Sections 1 through 6 , Article XV of the Constitution
of the State of Idaho relating to water rights.
FISCAL IMPACT
No fiscal impact provided the state does not adversely affect, in
whole or in part, the use or economic value of private real property
or appurtenances.
Contact: Representative Bruce Newcomb; 332-1111
Norm Semanko, Idaho Water Users Assn. 344-6690
Sara Braasch, Idaho Cattle Assn. 343-1615
Stan Boyd, Idaho Wool Growers Assn. 344-2271
STATEMENT OF PURPOSE/FISCAL NOTE HJR3