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S1391aa,aaH................................by LOCAL GOVERNMENT AND TAXATION
CITIES - ANNEXATION - Amends, repeals and adds to existing law to provide
procedures for annexation of certain classifications of lands by cities.
02/07 Senate intro - 1st rdg - to printing
02/08 Rpt prt - to Loc Gov
02/14 Rpt out - to 14th Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/27 3rd rdg as amen - PASSED - 28-7-0
AYES -- Andreason, Boatright, Brandt, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram,
Ipsen, Keough, Little, Lodge, Marley, Noh, Richardson, Schroeder,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- Branch(Bartlett), Frasure, Geddes, King-Barrutia, Risch,
Sandy, Sims
Absent and excused -- None
Floor Sponsors - Wheeler & Thorne
Title apvd - to House
02/28 House intro - 1st rdg - to Loc Gov
03/05 Rpt out - rec d/p - to 2nd rdg
03/06 2nd rdg - to 3rd rdg
03/07 To Gen Ord
Rpt out amen - to 1st rdg as amen
03/08 1st rdg - to 2nd rdg as amen
03/11 2nd rdg - to 3rd rdg as amen
03/12 3rd rdg as amen - PASSED - 51-18-1
AYES -- Barraclough, Bell, Bieter, Black, Block, Boe, Bruneel,
Callister, Campbell, Clark, Crow, Cuddy, Deal, Ellis, Ellsworth,
Eskridge, Field(13), Field(20), Gagner, Gould, Hadley, Hammond,
Henbest, Higgins, Jaquet, Jones, Kellogg, Kunz, Lake, Loertscher,
Mader, Martinez, Meyer, Montgomery, Mortensen, Moyle, Pischner,
Pomeroy, Raybould, Ridinger, Robison, Sellman, Shepherd, Smith(33),
Smith(23), Smylie, Stevenson, Stone, Trail, Wheeler, Young
NAYS -- Aikele, Barrett, Bedke, Bolz, Bradford, Collins, Denney,
Harwood, Hornbeck, Kendell, Langford, McKague, Pearce, Roberts, Sali,
Schaefer, Tilman, Wood
Absent and excused -- Mr. Speaker
Floor Sponsor - Gagner
Title apvd - to Senate
03/13 Senate concurred in House amens - to engros
Rpt engros - 1st rdg - to 2nd rdg as amen
03/14 2nd rdg - to 3rd rdg as amen
03/15 3rd rdg as amen - PASSED - 28-2-5
AYES -- Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Darrington, Davis, Deide, Dunklin, Goedde, Hawkins, Hill, Ingram,
Ipsen, Keough, Little, Lodge, Marley, Richardson, Sandy, Schroeder,
Sorensen, Stegner, Stennett, Thorne, Wheeler, Williams
NAYS -- Risch, Sims
Absent and excused -- Brandt, Frasure, Geddes, King-Barrutia, Noh
Floor Sponsors - Wheeler & Thorne
Title apvd - to enrol
03/15 Rpt enrol - Pres signed - Sp signed
03/18 To Governor
03/27 Governor signed
Session Law Chapter 333
Effective: 07/01/02
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1391
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS; REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY, TO PROVIDE FOR CLASSIFICATIONS OF LAND ANNEXATIONS, TO
6 PROVIDE FOR EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN
7 ANNEXATION PROCEDURES, TO PROVIDE JUDICIAL REVIEW AND TO PROVIDE FOR
8 ANNEXATION OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING SECTION
9 50-222A, IDAHO CODE; AMENDING SECTION 55-2505, IDAHO CODE, TO PROVIDE AN
10 EXCEPTION TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF NEWLY CON-
11 STRUCTED RESIDENTIAL PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND
12 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO
13 PROVIDE THAT A SELLER'S DISCLOSURE STATEMENT SHALL INCLUDE THREE QUESTIONS
14 RELATIVE TO NEWLY CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY
15 HAS NOT BEEN INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PRO-
16 VIDE A DEMAND PROCEDURE TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUN-
17 TIES AND CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR
18 THE IDENTIFICATION OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT, TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and to read as follows:
28 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines that it is the policy of the state of Idaho
30 that cities of the state should be able to annex lands which are reasonably
31 necessary to assure the orderly development of Idaho's cities in order to
32 allow efficient and economically viable provision of tax-supported and fee-
33 supported municipal services, to enable the orderly development of private
34 lands which benefit from the cost-effective availability of municipal services
35 in urbanizing areas and to equitably allocate the costs of public services in
36 management of development on the urban fringe.
37 (2) General authority. Cities have the authority to annex land into a
38 city upon compliance with the procedures required in this section. In any
39 annexation proceeding, all portions of highways lying wholly or partially
40 within an area to be annexed shall be included within the area annexed unless
41 expressly agreed between the annexing city and the governing board of the
42 highway agency providing road maintenance at the time of annexation. Provided
2
1 further, that said city council shall not have the power to declare such land,
2 lots or blocks a part of said city if they will be connected to such city only
3 by a shoestring or strip of land which comprises a railroad or highway right-
4 of-way.
5 (3) Annexation classifications. Annexations shall be classified and proc-
6 essed according to the standards for each respective category set forth
7 herein. The three (3) categories of annexation are:
8 (a) Category A: Annexations wherein all private landowners raise no
9 objection to annexation, or annexations of any enclaved lands, irrespec-
10 tive of surface area, which are surrounded on all sides by land within a
11 city or which are bounded on all sides by lands within a city and by lands
12 for which owner approval must be given pursuant to subsection (5)(b)(v) of
13 this section, or which are bounded on all sides by lands within a city and
14 by the boundary of the city's area of city impact.
15 (b) Category B: Annexations wherein:
16 (i) The subject lands contain less than two hundred (200) separate
17 private ownerships and platted lots of record and where not all such
18 landowners have consented to annexation; or
19 (ii) The subject lands contain more than two hundred (200) separate
20 private ownerships and platted lots of record and where landowners
21 owning more than fifty percent (50%) of the area of the subject pri-
22 vate lands have evidenced their consent to annexation at the outset
23 of the annexation process; or
24 (iii) The lands are the subject of a development moratorium or a
25 water or sewer connection restriction imposed by state or local
26 health or environmental agencies; provided such lands shall not be
27 counted for purposes of determining the number of separate private
28 ownerships and platted lots of record aggregated to determine the
29 appropriate category.
30 (c) Category C: Annexations wherein the subject lands contain more than
31 two hundred (200) separate private ownerships and platted lots of record
32 and where landowners owning more than fifty percent (50%) of the area of
33 the subject private lands have not evidenced their consent to annexation
34 at the outset of the annexation process.
35 (4) Evidence of consent to annexation. For purposes of this section,
36 prior consent to annex shall be deemed given when evidenced by written autho-
37 rization or approval executed by the owner or the owner's authorized agent.
38 Consent shall be implied for the area of all lands connected to a water or
39 wastewater collection system operated by the city and for lands subject to a
40 written consent to annex recorded in the county recorder's office. Written
41 consent to annex lands, if recorded in the county recorder's office, shall be
42 binding upon subsequent purchasers, heirs, or assigns of lands addressed in
43 the consent. Lands need not be contiguous or adjacent to the city limits at
44 the time the landowner consents to annexation for the property to be subject
45 to a valid consent to annex; provided however, no annexation of lands shall
46 occur, irrespective of consent, until such land becomes contiguous or adjacent
47 to such city.
48 (5) Annexation procedures. Annexation of lands into a city shall follow
49 the procedures applicable to the category of lands as established by this sec-
50 tion. The implementation of any annexation proposal wherein the city council
51 determines that annexation is appropriate shall be concluded with the passage
52 of an ordinance of annexation.
53 (a) Procedures for category A annexations: Lands lying contiguous or
54 adjacent to any city in the state of Idaho may be annexed by the city if
55 the proposed annexation meets the requirements of category A. Upon deter-
3
1 mining that a proposed annexation meets such requirements, a city may ini-
2 tiate the planning and zoning procedures set forth in chapter 65, title
3 67, Idaho Code, to establish the comprehensive planning policies, where
4 necessary, and zoning classification of the lands to be annexed.
5 (b) Procedures for category B annexations: A city may annex lands that
6 would qualify under the requirements of category B annexation if the fol-
7 lowing requirements are met:
8 (i) The lands are contiguous or adjacent to the city and lie within
9 the city's area of city impact;
10 (ii) The land is laid off into lots or blocks containing not more
11 than five (5) acres of land each, whether the same shall have been or
12 shall be laid off, subdivided or platted in accordance with any stat-
13 ute of this state or otherwise, or whenever the owner or proprietor
14 or any person by or with his authority has sold or begun to sell off
15 such contiguous or adjacent lands by metes and bounds in tracts not
16 exceeding five (5) acres, or whenever the land is surrounded by the
17 city. Splits of ownership which occurred prior to January 1, 1975,
18 and which were the result of placement of public utilities, public
19 roads or highways, or railroad lines through the property shall not
20 be considered as evidence of an intent to develop such land and shall
21 not be sufficient evidence that the land has been laid off or subdi-
22 vided in lots or blocks. A single sale after January 1, 1975, of five
23 (5) acres or less to a family member of the owner for the purpose of
24 constructing a residence shall not constitute a sale within the mean-
25 ing of this section. For purposes of this section, "family member"
26 means a natural person or the spouse of a natural person who is
27 related to the owner by blood, adoption or marriage within the first
28 degree of consanguinity;
29 (iii) Preparation and publication of a written annexation plan,
30 appropriate to the scale of the annexation contemplated, which
31 includes, at a minimum, the following elements:
32 (A) The manner of providing tax-supported municipal services to
33 the lands proposed to be annexed;
34 (B) The changes in taxation and other costs, using examples,
35 which would result if the subject lands were to be annexed;
36 (C) The means of providing fee-supported municipal services, if
37 any, to the lands proposed to be annexed;
38 (D) A brief analysis of the potential effects of annexation
39 upon other units of local government which currently provide
40 tax-supported or fee-supported services to the lands proposed to
41 be annexed; and
42 (E) The proposed future land use plan and zoning designation or
43 designations, subject to public hearing, for the lands proposed
44 to be annexed;
45 (iv) Compliance with the notice and hearing procedures governing a
46 zoning district boundary change as set forth in section 67-6511,
47 Idaho Code, on the question of whether the property should be annexed
48 and, if annexed, the zoning designation to be applied thereto; pro-
49 vided however, the initial notice of public hearing concerning the
50 question of annexation and zoning shall be published in the official
51 newspaper of the city and mailed by first class mail to every prop-
52 erty owner with lands included in such annexation proposal not less
53 than twenty-eight (28) days prior to the initial public hearing. All
54 public hearing notices shall establish a time and procedure by which
55 comments concerning the proposed annexation may be received in writ-
4
1 ing and heard and, additionally, public hearing notices delivered by
2 mail shall include a one (1) page summary of the contents of the
3 city's proposed annexation plan and shall provide information regard-
4 ing where the annexation plan may be obtained without charge by any
5 property owner whose property would be subject to the annexation pro-
6 posal.
7 (v) In addition to the standards set forth elsewhere in this sec-
8 tion, annexation of the following lands must meet the following
9 requirements:
10 (A) Property, owned by a county or any entity within the
11 county, that is used as a fairgrounds area under the provisions
12 of chapter 8, title 31, Idaho Code, or chapter 2, title 22,
13 Idaho Code, must have the consent of a majority of the board of
14 county commissioners of the county in which the property lies;
15 and
16 (B) Property, owned by a nongovernmental entity, that is used
17 to provide outdoor recreational activities to the public and
18 that has been designated as a planned unit development of fifty
19 (50) acres or more and does not require or utilize any city ser-
20 vices must have the express written permission of the nongovern-
21 mental entity owner.
22 (vi) After considering the written and oral comments of property
23 owners whose land would be annexed and other affected persons, the
24 city council may proceed with the enactment of an ordinance of annex-
25 ation and zoning. In the course of the consideration of any such
26 ordinance, the city must make express findings, to be set forth in
27 the minutes of the city council meeting at which the annexation is
28 approved, as follows:
29 (A) The land to be annexed meets the applicable requirements of
30 this section and does not fall within the exceptions or condi-
31 tional exceptions contained in this section;
32 (B) The annexation would be consistent with the public purposes
33 addressed in the annexation plan prepared by the city;
34 (C) The annexation is reasonably necessary for the orderly
35 development of the city;
36 (vii) Notwithstanding any other provision of this section, railroad
37 right-of-way property may be annexed pursuant to this section only
38 when property within the city adjoins or will adjoin both sides of
39 the right-of-way.
40 (c) Procedures for category C annexations: A city may annex lands that
41 would qualify under the requirements of category C annexation if the fol-
42 lowing requirements are met:
43 (i) Compliance with the procedures governing category B annex-
44 ations; and
45 (ii) Evidence of consent to annexation based upon the following pro-
46 cedures:
47 (A) Following completion of all procedures required for consid-
48 eration of a category B annexation, but prior to enactment of an
49 annexation ordinance and upon an affirmative action by the city
50 council, the city shall mail notice to all private landowners
51 owning lands within the area to be annexed, exclusive of the
52 owners of lands that receive water or sewer service and owners
53 of lands that are subject to a recorded consent to annex. Such
54 notice shall invite property owners to either give consent or
55 express opposition to the annexation, include a return-addressed
5
1 postage-paid postcard, and inform the landowners where the
2 entire record of the subject annexation may be examined. Such
3 mailed notice shall also include a legal description of the
4 lands proposed for annexation and a simple map depicting the
5 location of the subject lands.
6 (B) Each landowner desiring to reply must do so within twenty-
7 one (21) days of the date of the initial mailing of such notice.
8 The required response postmark date shall be stated in the mail-
9 ing that accompanies the reply postcard.
10 (C) The results of the mail poll shall be compiled by the city
11 clerk and shall be determined by tabulating the physical area of
12 the lands, as expressed in acres or square feet, whose owners
13 consent to annexation in their response, plus the area of all
14 lands receiving water and sewer service from the city and the
15 area of all lands subject to a recorded consent to annex against
16 the area of all lands whose owners object to annexation. Objec-
17 tions received after the conclusion of the twenty-one (21) day
18 period shall not be considered unless the late objection is due
19 to the city's failure to follow the procedures provided herein.
20 Objections received from owners of lands subject to a recorded
21 consent to annex, or from owners receiving water or sewer ser-
22 vice from the city, shall not be considered objections for pur-
23 poses of this section. Lands of landowners to whom notice is
24 mailed and who do not respond to the consent request shall not
25 be counted or considered. The clerk shall report the results to
26 the city council.
27 (D) Upon receiving such report, the city council shall canvass
28 the results and may thereafter confirm whether consent was
29 received from the owners of a majority of the land areas
30 responding by mail and those providing written consent, in addi-
31 tion to all lands subject to the implied consent provisions set
32 forth herein and those subject to consent of record in the
33 office of the county recorder. The results of the canvass shall
34 be reflected in the minutes of the city council. If the canvass
35 confirms that owners of more land area support annexation than
36 oppose such annexation, the city council may enact an ordinance
37 of annexation, which thereafter shall be published and become
38 effective according to the terms of the ordinance. If the can-
39 vass confirms that owners of more land area oppose annexation
40 than support such annexation, the category C annexation shall
41 not be authorized.
42 (6) The decision of a city council to annex and zone lands as a category
43 B or category C annexation shall be subject to judicial review in accordance
44 with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant
45 to the standards set forth in section 67-5279, Idaho Code. Any such appeal
46 shall be filed by an affected person in the appropriate district court no
47 later than twenty-eight (28) days after the date of publication of the annex-
48 ation ordinance. All cases in which there may arise a question of the validity
49 of any annexation under this section shall be advanced as a matter of immedi-
50 ate public interest and concern, and shall be heard by the district court at
51 the earliest practicable time.
52 (7) Annexation of noncontiguous municipal airfield. A city may annex land
53 that is not contiguous to the city and is occupied by a municipally owned or
54 operated airport or landing field. However, a city may not annex any other
55 land adjacent to such noncontiguous facilities which is not otherwise
6
1 annexable pursuant to this section.
2 SECTION 3. That Section 50-222A, Idaho Code, be, and the same is hereby
3 repealed.
4 SECTION 4. That Section 55-2505, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 55-2505. EXEMPTIONS. The provisions of this chapter do not apply to any
7 transfer of residential real property that is any of the following:
8 (1) A transfer pursuant to court order including, but not limited to, a
9 transfer ordered by a probate court during the administration of a decedent's
10 estate, a transfer pursuant to a writ of execution, a transfer by a trustee in
11 bankruptcy, a transfer as a result of the exercise of the power of eminent
12 domain, and a transfer that results from a decree for specific performance of
13 a contract or other agreement between persons;
14 (2) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclo-
15 sure or in satisfaction of the mortgage debt;
16 (3) A transfer to a beneficiary of a deed of trust by a trustor in
17 default;
18 (4) A transfer by a foreclosure sale that follows a default in the satis-
19 faction of an obligation secured by a mortgage;
20 (5) A transfer by a sale under a power of sale following a default in the
21 satisfaction of an obligation that is secured by a deed of trust or another
22 instrument containing a power of sale occurring within one (1) year of fore-
23 closure on the default;
24 (6) A transfer by a mortgagee, or a beneficiary under a deed of trust,
25 who has acquired the residential real property at a sale conducted pursuant
26 to a power of sale under a mortgage or a deed of trust or who has acquired the
27 residential real property by a deed in lieu of foreclosure;
28 (7) A transfer by a fiduciary in the course of the administration of a
29 decedent's estate, a guardianship, a conservatorship, or a trust;
30 (8) A transfer from one (1) co-owner to one (1) or more other co-owners;
31 (9) A transfer made to the transferor's spouse or to one (1) or more per-
32 sons in the lineal line of consanguinity of one (1) or more of the
33 transferors;
34 (10) A transfer between spouses or former spouses as a result of a decree
35 of divorce, dissolution of marriage, annulment, or legal separation or as a
36 result of a property settlement agreement incidental to a decree of divorce,
37 dissolution of marriage, annulment, or legal separation;
38 (11) A transfer to or from the state, a political subdivision of the
39 state, or another governmental entity;
40 (12) A transfer that involved newly constructed residential real property
41 that previously has not been inhabited, except that disclosure of annexation
42 and city service status shall be declared by the sellers of such newly con-
43 structed residential real property in accordance with the provisions of sec-
44 tion 55-2508, Idaho Code;
45 (13) A transfer to a transferee who has occupied the property as a per-
46 sonal residence for one (1) or more years immediately prior to the transfer;
47 (14) A transfer from a transferor who both has not occupied the property
48 as a personal residence within one (1) year immediately prior to the transfer
49 and has acquired the property through inheritance or devise;
50 (15) A transfer by a relocation company to a transferee within one (1)
51 year from the date that the previous owner occupied the property.;
52 (16) A transfer from a decedent's estate.
7
1 SECTION 5. That Section 55-2508, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 55-2508. DISCLOSURE FORM. The disclosures required by the provisions of
4 this article pertaining to the property proposed to be transferred are set
5 forth in and shall be made on a copy of the following disclosure form or an
6 alternative form as provided in section 55-2506, Idaho Code:
7 SELLER PROPERTY DISCLOSURE FORM
8 SELLER'S NAME AND ADDRESS: ...................................................
9 Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
10 property to complete a property condition disclosure form.
11 PURPOSE OF STATEMENT: This is a statement of the conditions and informa-
12 tion concerning the property known by the Seller. Unless otherwise advised,
13 the Seller does not possess any expertise in construction, architectural,
14 engineering or any other specific areas related to the construction or condi-
15 tion of the improvements on the property. Other than having lived at or owning
16 the property, the Seller possesses no greater knowledge than that which could
17 be obtained upon a careful inspection of the property by the potential buyer.
18 Unless otherwise advised, the Seller has not conducted any inspection of gen-
19 erally inaccessible areas such as the foundation or roof. It is not a warranty
20 of any kind by the Seller or by any agent representing any Seller in this
21 transaction. It is not a substitute for any inspections. Purchaser is encour-
22 aged to obtain his/her own professional inspections. Notwithstanding that
23 transfer of newly constructed residential real property that previously has
24 not been inhabited is exempt from disclosure pursuant to section 55-2505,
25 Idaho Code, Sellers of such newly constructed residential real property shall
26 disclose information regarding annexation and city services in the form as
27 prescribed in questions 1., 2. and 3.
28 1. Is the property located in an area of city impact, adjacent or contiguous
29 to a city limits, and thus legally subject to annexation by the city? .... Yes
30 .... No
31 2. Does the property, if not within city limits, receive any city services,
32 thus making it legally subject to annexation by the city? .... Yes .... No
33 3. Does the property have a written consent to annex recorded in the county
34 recorder's office, thus making it legally subject to annexation by the city?
35 .... Yes .... No
36 4. All appliances and service systems included in the sale, (such as
37 refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
38 uum, microwave oven, trash compactor, smoke detectors, tv antenna/dish,
39 fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.)
40 are functioning properly except: (please list and explain) ...................
41 ..............................................................................
42 ..............................................................................
43 25. Specify problems with the following:
44 Basement water ...........................................................
45 Foundation ...............................................................
46 Roof condition and age ...................................................
47 Well (type) ...................... problem ...............................
48 Septic system (type) ............. problem ...............................
49 Plumbing .................................................................
50 Drainage .................................................................
51 Electrical ...............................................................
52 Heating ..................................................................
8
1 36. Describe any conditions that may affect your ability to clear title (such
2 as encroachments, easements, zoning violations, lot line disputes, etc.): ....
3 ..............................................................................
4 47. Are you aware of any hazardous materials or pest infestations on the
5 property? ....................................................................
6 58. Have any substantial additions or alterations been made without a build-
7 ing permit? ..................................................................
8 69. Any other problems, including legal, physical or other not listed above
9 that you know concerning the property: .......................................
10 The Seller certifies that the information herein is true and correct to
11 the best of Seller's knowledge as of the date signed by the Seller. The Seller
12 is familiar with the residential real property and each act performed in mak-
13 ing a disclosure of an item of information is made and performed in good
14 faith.
15 I/we acknowledge receipt of a copy of this statement.
16 Seller: Buyer:
17 ........................ .........................
18 Date: .................. Date: ...................
19 ........................ .........................
20 Date: .................. Date: ...................
21 SECTION 6. That Section 67-6526, Idaho Code, be, and the same is hereby
22 amended to read as follows:
23 67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
24 board of each county and each city therein shall adopt by ordinance following
25 the notice and hearing procedures provided in section 67-6509, Idaho Code, a
26 map identifying an area of city impact within the unincorporated area of the
27 county. A separate ordinance providing for application of plans and ordinances
28 for the area of city impact shall be adopted. Subject to the provisions of
29 section 50-222, Idaho Code, an area of city impact must be established before
30 a city may annex adjacent territory. This separate ordinance shall provide for
31 one (1) of the following:
32 (1) Application of the city plan and ordinances adopted under this chap-
33 ter to the area of city impact; or
34 (2) Application of the county plan and ordinances adopted under this
35 chapter to the area of city impact; or
36 (3) Application of any mutually agreed upon plan and ordinances adopted
37 under this chapter to the area of city impact.
38 Areas of city impact, together with plan and ordinance requirements, may
39 cross county boundaries by agreement of the city and county concerned if the
40 city is within three (3) miles of the adjoining county.
41 (b) If the requirements of section 67-6526(a), Idaho Code, are not met by
42 January 1, 2000, the have not been met, either the city or the county may
43 demand compliance with this section by providing written notice to the other
44 of said demand for compliance. Once a demand has been made, the city shall
45 select its representative as hereinafter provided, within thirty (30) days of
46 said demand, and the process set forth in this subsection shall commence. The
47 county commissioners for the county concerned, together with three (3) elected
48 city officials designated by the mayor of the city and confirmed by the coun-
49 cil, shall, within thirty (30) days after the city officials have been con-
50 firmed by the council, select three (3) city or county residents. These nine
51 (9) persons shall, by majority vote, recommend to the city and county govern-
9
1 ing boards an area of city impact together with plan and ordinance require-
2 ments. The recommendations shall be submitted to the governing boards within
3 one hundred eighty (180) days after the selection of the three (3) at-large
4 members at large and shall be acted upon by the governing boards within sixty
5 (60) days of receipt. If the city or county fails to enact ordinances provid-
6 ing for an area of city impact, plan, and ordinance requirements, either the
7 city or county may seek a declaratory judgment from the district court identi-
8 fying the area of city impact, and plan and ordinance requirements. In defin-
9 ing an area of city impact, the following factors shall be considered: (1)
10 trade area; (2) geographic factors; and (3) areas that can reasonably be
11 expected to be annexed to the city in the future.
12 (c) If areas of city impact overlap, the cities involved shall negotiate
13 boundary adjustments to be recommended to the respective city councils. If the
14 cities cannot reach agreement, the board of county commissioners shall, upon a
15 request from either city, within thirty (30) days, recommend adjustments to
16 the areas of city impact which shall be adopted by ordinance by the cities
17 following the notice and hearing procedures provided in section 67-6509, Idaho
18 Code. If any city objects to the recommendation of the board of county commis-
19 sioners, the county shall conduct an election, subject to the provisions of
20 section 34-106, Idaho Code, and establish polling places for the purpose of
21 submitting to the qualified electors residing in the overlapping impact area,
22 the question of which area of city impact the electors wish to reside. The
23 results of the election shall be conclusive and binding, and no further pro-
24 ceedings shall be entertained by the board of county commissioners, and the
25 decision shall not be appealable by either city involved. The clerk of the
26 board of county commissioners shall by abstract of the results of the elec-
27 tion, certify that fact, record the same and transmit copies of the original
28 abstract of the result of the election to the clerk of the involved cities.
29 (d) Areas of city impact, plan, and ordinance requirements shall remain
30 fixed until both governing boards agree to renegotiate. In the event the city
31 and county cannot agree, the judicial review process of subsection (b) of this
32 section shall apply. Renegotiations shall begin within thirty (30) days after
33 written request by the city or county and shall follow the procedures for
34 original negotiation provided in this section.
35 (e) Prior to negotiation or renegotiation of areas of city impact, plan,
36 and ordinance requirements, the governing boards shall submit the questions to
37 the planning, zoning, or planning and zoning commission for recommendation.
38 Each commission shall have a reasonable time fixed by the governing board to
39 make its recommendations to the governing board. The governing boards shall
40 undertake a review at least every ten (10) years of the city impact plan and
41 ordinance requirements to determine whether renegotiations are in the best
42 interests of the citizenry.
43 (f) This section shall not preclude growth and development in areas of
44 any county within the state of Idaho which are not within the areas of city
45 impact provided for herein.
46 (g) If the area of impact has been delimited pursuant to the provisions
47 of subsection (a) (1) of this section, persons living within the delimited
48 area of impact shall be entitled to representation on the planning, zoning, or
49 the planning and zoning commission of the city of impact. Such representation
50 shall as nearly as possible reflect the proportion of population living within
51 the city as opposed to the population living within the areas of impact for
52 that city. To achieve such proportional representation, membership of the
53 planning, zoning or planning and zoning commission, may exceed twelve (12)
54 persons, notwithstanding the provisions of subsection (a) of section 67-6504,
55 Idaho Code. In instances where a city has combined either or both of its plan-
10
1 ning and zoning functions with the county, representation on the resulting
2 joint planning, zoning or planning and zoning commission shall as nearly as
3 possible reflect the proportion of population living within the impacted city,
4 the area of city impact outside the city, and the remaining unincorporated
5 area of the county. Membership on such a joint planning, zoning or planning
6 and zoning commission may exceed twelve (12) persons, notwithstanding the pro-
7 visions of subsection (a) of section 67-6504, Idaho Code.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
Moved by Wheeler
Seconded by Bunderson
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1391
1 AMENDMENTS TO SECTION 2
2 On page 2 of the printed bill, in line 9, following "any" insert:
3 "nonagricultural"; also in line 9, following "lands" insert: "of less than one
4 hundred (100) privately-owned parcels"; in line 16, delete "two hundred (200)"
5 and insert: "one hundred (100)"; in line 19, delete "two hundred (200)" and
6 insert: "one hundred (100)"; in line 31, delete "two hundred (200)" and
7 insert: "one hundred (100)"; on page 4, in line 54, following "give" insert:
8 "written"; in line 55, following "express" insert: "written"; also in line 55,
9 delete "return-addressed"; on page 5, in line 1, delete "postage-paid
10 postcard" and insert: "description of how that consent or opposition can be
11 made and where it can be filed"; in line 6, delete "reply must do so within"
12 and insert: "consent to or oppose the proposed annexation must submit the con-
13 sent or opposition, in writing, to the city clerk by a date specified in the
14 notice, which date shall not be sooner than"; in line 7, delete "days of" and
15 insert: "days after"; also in line 7, delete "initial"; delete lines 8 through
16 16, and insert:
17 "(C) After the date specified in the notice for receipt of
18 written consent or opposition, the city clerk shall compile and
19 present to the city council a report setting forth: (i) the
20 total physical area sought to be annexed, and (ii) the total
21 physical area of the lands, as expressed in acres or square
22 feet, whose owners have consented in writing to the annexation,
23 plus the area of all lands receiving water or sewer service from
24 the city and the area of all lands subject to a recorded consent
25 to annex. Objec-";
26 in line 23, delete "Lands of landowners to whom notice is"; delete line 24; in
27 line 25, delete "be counted or considered."; in line 27, delete "canvass" and
28 insert: "review"; in line 30, delete "responding by mail"; in line 33, delete
29 "canvass" and insert: "report"; in line 34, delete "canvass" and insert:
30 "report as accepted by the city council"; in line 35, delete "support" and
31 insert: "have consented to"; in line 38, delete "can-"; in line 39, delete
32 "vass" and insert: "report"; and in line 40, delete "support" and insert:
33 "consent to".
Moved by Gagner
Seconded by Clark
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO S.B. NO. 1391, As Amended
34 AMENDMENT TO SECTION 2
35 On page 2 of the engrossed bill, in line 9, delete "nonagricultural" and
36 insert: "residential".
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature Second Regular Session - 2002
IN THE SENATE
SENATE BILL NO. 1391, As Amended, As Amended in the House
BY LOCAL GOVERNMENT AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO ANNEXATION BY MUNICIPAL CORPORATIONS; REPEALING SECTION 50-222,
3 IDAHO CODE; AMENDING CHAPTER 2, TITLE 50, IDAHO CODE, BY THE ADDITION OF A
4 NEW SECTION 50-222, IDAHO CODE, TO PROVIDE LEGISLATIVE INTENT, TO PROVIDE
5 GENERAL AUTHORITY, TO PROVIDE FOR CLASSIFICATIONS OF LAND ANNEXATIONS, TO
6 PROVIDE FOR EVIDENCE OF CONSENT TO ANNEXATION, TO PROVIDE FOR CERTAIN
7 ANNEXATION PROCEDURES, TO PROVIDE JUDICIAL REVIEW AND TO PROVIDE FOR
8 ANNEXATION OF NONCONTIGUOUS MUNICIPAL AIRFIELDS; REPEALING SECTION
9 50-222A, IDAHO CODE; AMENDING SECTION 55-2505, IDAHO CODE, TO PROVIDE AN
10 EXCEPTION TO THE EXEMPTION FROM DISCLOSURE OF TRANSFERS OF NEWLY CON-
11 STRUCTED RESIDENTIAL PROPERTY THAT PREVIOUSLY HAS NOT BEEN INHABITED AND
12 TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 55-2508, IDAHO CODE, TO
13 PROVIDE THAT A SELLER'S DISCLOSURE STATEMENT SHALL INCLUDE THREE QUESTIONS
14 RELATIVE TO NEWLY CONSTRUCTED RESIDENTIAL REAL PROPERTY THAT PREVIOUSLY
15 HAS NOT BEEN INHABITED; AND AMENDING SECTION 67-6526, IDAHO CODE, TO PRO-
16 VIDE A DEMAND PROCEDURE TO FACILITATE COMPLIANCE WITH LAW FOR THOSE COUN-
17 TIES AND CITIES WHICH HAVE NOT ADOPTED REQUIRED ORDINANCES PROVIDING FOR
18 THE IDENTIFICATION OF AN AREA OF CITY IMPACT WITHIN THE UNINCORPORATED
19 AREA OF THE COUNTY OR FOR APPLICATION OF PLANS AND ORDINANCES FOR SUCH
20 AREA OF CITY IMPACT, TO PROVIDE FOR A REVIEW EVERY TEN YEARS AND TO MAKE
21 TECHNICAL CORRECTIONS.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Section 50-222, Idaho Code, be, and the same is hereby
24 repealed.
25 SECTION 2. That Chapter 2, Title 50, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 50-222, Idaho Code, and to read as follows:
28 50-222. ANNEXATION BY CITIES. (1) Legislative intent. The legislature
29 hereby declares and determines that it is the policy of the state of Idaho
30 that cities of the state should be able to annex lands which are reasonably
31 necessary to assure the orderly development of Idaho's cities in order to
32 allow efficient and economically viable provision of tax-supported and fee-
33 supported municipal services, to enable the orderly development of private
34 lands which benefit from the cost-effective availability of municipal services
35 in urbanizing areas and to equitably allocate the costs of public services in
36 management of development on the urban fringe.
37 (2) General authority. Cities have the authority to annex land into a
38 city upon compliance with the procedures required in this section. In any
39 annexation proceeding, all portions of highways lying wholly or partially
40 within an area to be annexed shall be included within the area annexed unless
41 expressly agreed between the annexing city and the governing board of the
42 highway agency providing road maintenance at the time of annexation. Provided
2
1 further, that said city council shall not have the power to declare such land,
2 lots or blocks a part of said city if they will be connected to such city only
3 by a shoestring or strip of land which comprises a railroad or highway right-
4 of-way.
5 (3) Annexation classifications. Annexations shall be classified and proc-
6 essed according to the standards for each respective category set forth
7 herein. The three (3) categories of annexation are:
8 (a) Category A: Annexations wherein all private landowners raise no
9 objection to annexation, or annexations of any residential enclaved lands
10 of less that one hundred (100) privately-owned parcels, irrespective of
11 surface area, which are surrounded on all sides by land within a city or
12 which are bounded on all sides by lands within a city and by lands for
13 which owner approval must be given pursuant to subsection (5)(b)(v) of
14 this section, or which are bounded on all sides by lands within a city and
15 by the boundary of the city's area of city impact.
16 (b) Category B: Annexations wherein:
17 (i) The subject lands contain less than one hundred (100) separate
18 private ownerships and platted lots of record and where not all such
19 landowners have consented to annexation; or
20 (ii) The subject lands contain more than one hundred (100) separate
21 private ownerships and platted lots of record and where landowners
22 owning more than fifty percent (50%) of the area of the subject pri-
23 vate lands have evidenced their consent to annexation at the outset
24 of the annexation process; or
25 (iii) The lands are the subject of a development moratorium or a
26 water or sewer connection restriction imposed by state or local
27 health or environmental agencies; provided such lands shall not be
28 counted for purposes of determining the number of separate private
29 ownerships and platted lots of record aggregated to determine the
30 appropriate category.
31 (c) Category C: Annexations wherein the subject lands contain more than
32 one hundred (100) separate private ownerships and platted lots of record
33 and where landowners owning more than fifty percent (50%) of the area of
34 the subject private lands have not evidenced their consent to annexation
35 at the outset of the annexation process.
36 (4) Evidence of consent to annexation. For purposes of this section,
37 prior consent to annex shall be deemed given when evidenced by written autho-
38 rization or approval executed by the owner or the owner's authorized agent.
39 Consent shall be implied for the area of all lands connected to a water or
40 wastewater collection system operated by the city and for lands subject to a
41 written consent to annex recorded in the county recorder's office. Written
42 consent to annex lands, if recorded in the county recorder's office, shall be
43 binding upon subsequent purchasers, heirs, or assigns of lands addressed in
44 the consent. Lands need not be contiguous or adjacent to the city limits at
45 the time the landowner consents to annexation for the property to be subject
46 to a valid consent to annex; provided however, no annexation of lands shall
47 occur, irrespective of consent, until such land becomes contiguous or adjacent
48 to such city.
49 (5) Annexation procedures. Annexation of lands into a city shall follow
50 the procedures applicable to the category of lands as established by this sec-
51 tion. The implementation of any annexation proposal wherein the city council
52 determines that annexation is appropriate shall be concluded with the passage
53 of an ordinance of annexation.
54 (a) Procedures for category A annexations: Lands lying contiguous or
55 adjacent to any city in the state of Idaho may be annexed by the city if
3
1 the proposed annexation meets the requirements of category A. Upon deter-
2 mining that a proposed annexation meets such requirements, a city may ini-
3 tiate the planning and zoning procedures set forth in chapter 65, title
4 67, Idaho Code, to establish the comprehensive planning policies, where
5 necessary, and zoning classification of the lands to be annexed.
6 (b) Procedures for category B annexations: A city may annex lands that
7 would qualify under the requirements of category B annexation if the fol-
8 lowing requirements are met:
9 (i) The lands are contiguous or adjacent to the city and lie within
10 the city's area of city impact;
11 (ii) The land is laid off into lots or blocks containing not more
12 than five (5) acres of land each, whether the same shall have been or
13 shall be laid off, subdivided or platted in accordance with any stat-
14 ute of this state or otherwise, or whenever the owner or proprietor
15 or any person by or with his authority has sold or begun to sell off
16 such contiguous or adjacent lands by metes and bounds in tracts not
17 exceeding five (5) acres, or whenever the land is surrounded by the
18 city. Splits of ownership which occurred prior to January 1, 1975,
19 and which were the result of placement of public utilities, public
20 roads or highways, or railroad lines through the property shall not
21 be considered as evidence of an intent to develop such land and shall
22 not be sufficient evidence that the land has been laid off or subdi-
23 vided in lots or blocks. A single sale after January 1, 1975, of five
24 (5) acres or less to a family member of the owner for the purpose of
25 constructing a residence shall not constitute a sale within the mean-
26 ing of this section. For purposes of this section, "family member"
27 means a natural person or the spouse of a natural person who is
28 related to the owner by blood, adoption or marriage within the first
29 degree of consanguinity;
30 (iii) Preparation and publication of a written annexation plan,
31 appropriate to the scale of the annexation contemplated, which
32 includes, at a minimum, the following elements:
33 (A) The manner of providing tax-supported municipal services to
34 the lands proposed to be annexed;
35 (B) The changes in taxation and other costs, using examples,
36 which would result if the subject lands were to be annexed;
37 (C) The means of providing fee-supported municipal services, if
38 any, to the lands proposed to be annexed;
39 (D) A brief analysis of the potential effects of annexation
40 upon other units of local government which currently provide
41 tax-supported or fee-supported services to the lands proposed to
42 be annexed; and
43 (E) The proposed future land use plan and zoning designation or
44 designations, subject to public hearing, for the lands proposed
45 to be annexed;
46 (iv) Compliance with the notice and hearing procedures governing a
47 zoning district boundary change as set forth in section 67-6511,
48 Idaho Code, on the question of whether the property should be annexed
49 and, if annexed, the zoning designation to be applied thereto; pro-
50 vided however, the initial notice of public hearing concerning the
51 question of annexation and zoning shall be published in the official
52 newspaper of the city and mailed by first class mail to every prop-
53 erty owner with lands included in such annexation proposal not less
54 than twenty-eight (28) days prior to the initial public hearing. All
55 public hearing notices shall establish a time and procedure by which
4
1 comments concerning the proposed annexation may be received in writ-
2 ing and heard and, additionally, public hearing notices delivered by
3 mail shall include a one (1) page summary of the contents of the
4 city's proposed annexation plan and shall provide information regard-
5 ing where the annexation plan may be obtained without charge by any
6 property owner whose property would be subject to the annexation pro-
7 posal.
8 (v) In addition to the standards set forth elsewhere in this sec-
9 tion, annexation of the following lands must meet the following
10 requirements:
11 (A) Property, owned by a county or any entity within the
12 county, that is used as a fairgrounds area under the provisions
13 of chapter 8, title 31, Idaho Code, or chapter 2, title 22,
14 Idaho Code, must have the consent of a majority of the board of
15 county commissioners of the county in which the property lies;
16 and
17 (B) Property, owned by a nongovernmental entity, that is used
18 to provide outdoor recreational activities to the public and
19 that has been designated as a planned unit development of fifty
20 (50) acres or more and does not require or utilize any city ser-
21 vices must have the express written permission of the nongovern-
22 mental entity owner.
23 (vi) After considering the written and oral comments of property
24 owners whose land would be annexed and other affected persons, the
25 city council may proceed with the enactment of an ordinance of annex-
26 ation and zoning. In the course of the consideration of any such
27 ordinance, the city must make express findings, to be set forth in
28 the minutes of the city council meeting at which the annexation is
29 approved, as follows:
30 (A) The land to be annexed meets the applicable requirements of
31 this section and does not fall within the exceptions or condi-
32 tional exceptions contained in this section;
33 (B) The annexation would be consistent with the public purposes
34 addressed in the annexation plan prepared by the city;
35 (C) The annexation is reasonably necessary for the orderly
36 development of the city;
37 (vii) Notwithstanding any other provision of this section, railroad
38 right-of-way property may be annexed pursuant to this section only
39 when property within the city adjoins or will adjoin both sides of
40 the right-of-way.
41 (c) Procedures for category C annexations: A city may annex lands that
42 would qualify under the requirements of category C annexation if the fol-
43 lowing requirements are met:
44 (i) Compliance with the procedures governing category B annex-
45 ations; and
46 (ii) Evidence of consent to annexation based upon the following pro-
47 cedures:
48 (A) Following completion of all procedures required for consid-
49 eration of a category B annexation, but prior to enactment of an
50 annexation ordinance and upon an affirmative action by the city
51 council, the city shall mail notice to all private landowners
52 owning lands within the area to be annexed, exclusive of the
53 owners of lands that receive water or sewer service and owners
54 of lands that are subject to a recorded consent to annex. Such
55 notice shall invite property owners to either give written con-
5
1 sent or express written opposition to the annexation, include a
2 description of how that consent or opposition can be made and
3 where it can be filed, and inform the landowners where the
4 entire record of the subject annexation may be examined. Such
5 mailed notice shall also include a legal description of the
6 lands proposed for annexation and a simple map depicting the
7 location of the subject lands.
8 (B) Each landowner desiring to consent to or oppose the pro-
9 posed annexation must submit the consent or opposition, in writ-
10 ing, to the city clerk by a date specified in the notice, which
11 date shall not be sooner than twenty-one (21) days after the
12 date of the mailing of such notice.
13 (C) After the date specified in the notice for receipt of writ-
14 ten consent or opposition, the city clerk shall compile and
15 present to the city council a report setting forth: (i) the
16 total physical area sought to be annexed, and (ii) the total
17 physical area of the lands, as expressed in acres or square
18 feet, whose owners have consented in writing to the annexation,
19 plus the area of all lands receiving water or sewer service from
20 the city and the area of all lands subject to a recorded consent
21 to annex. Objections received after the conclusion of the
22 twenty-one (21) day period shall not be considered unless the
23 late objection is due to the city's failure to follow the proce-
24 dures provided herein. Objections received from owners of lands
25 subject to a recorded consent to annex, or from owners receiving
26 water or sewer service from the city, shall not be considered
27 objections for purposes of this section. The clerk shall report
28 the results to the city council.
29 (D) Upon receiving such report, the city council shall review
30 the results and may thereafter confirm whether consent was
31 received from the owners of a majority of the land areas and
32 those providing written consent, in addition to all lands sub-
33 ject to the implied consent provisions set forth herein and
34 those subject to consent of record in the office of the county
35 recorder. The results of the report shall be reflected in the
36 minutes of the city council. If the report as accepted by the
37 city council confirms that owners of more land area have con-
38 sented to annexation than oppose such annexation, the city coun-
39 cil may enact an ordinance of annexation, which thereafter shall
40 be published and become effective according to the terms of the
41 ordinance. If the report confirms that owners of more land area
42 oppose annexation than consent to such annexation, the category
43 C annexation shall not be authorized.
44 (6) The decision of a city council to annex and zone lands as a category
45 B or category C annexation shall be subject to judicial review in accordance
46 with the procedures provided in chapter 52, title 67, Idaho Code, and pursuant
47 to the standards set forth in section 67-5279, Idaho Code. Any such appeal
48 shall be filed by an affected person in the appropriate district court no
49 later than twenty-eight (28) days after the date of publication of the annex-
50 ation ordinance. All cases in which there may arise a question of the validity
51 of any annexation under this section shall be advanced as a matter of immedi-
52 ate public interest and concern, and shall be heard by the district court at
53 the earliest practicable time.
54 (7) Annexation of noncontiguous municipal airfield. A city may annex land
55 that is not contiguous to the city and is occupied by a municipally owned or
6
1 operated airport or landing field. However, a city may not annex any other
2 land adjacent to such noncontiguous facilities which is not otherwise
3 annexable pursuant to this section.
4 SECTION 3. That Section 50-222A, Idaho Code, be, and the same is hereby
5 repealed.
6 SECTION 4. That Section 55-2505, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 55-2505. EXEMPTIONS. The provisions of this chapter do not apply to any
9 transfer of residential real property that is any of the following:
10 (1) A transfer pursuant to court order including, but not limited to, a
11 transfer ordered by a probate court during the administration of a decedent's
12 estate, a transfer pursuant to a writ of execution, a transfer by a trustee in
13 bankruptcy, a transfer as a result of the exercise of the power of eminent
14 domain, and a transfer that results from a decree for specific performance of
15 a contract or other agreement between persons;
16 (2) A transfer to a mortgagee by a mortgagor by deed in lieu of foreclo-
17 sure or in satisfaction of the mortgage debt;
18 (3) A transfer to a beneficiary of a deed of trust by a trustor in
19 default;
20 (4) A transfer by a foreclosure sale that follows a default in the satis-
21 faction of an obligation secured by a mortgage;
22 (5) A transfer by a sale under a power of sale following a default in the
23 satisfaction of an obligation that is secured by a deed of trust or another
24 instrument containing a power of sale occurring within one (1) year of fore-
25 closure on the default;
26 (6) A transfer by a mortgagee, or a beneficiary under a deed of trust,
27 who has acquired the residential real property at a sale conducted pursuant
28 to a power of sale under a mortgage or a deed of trust or who has acquired the
29 residential real property by a deed in lieu of foreclosure;
30 (7) A transfer by a fiduciary in the course of the administration of a
31 decedent's estate, a guardianship, a conservatorship, or a trust;
32 (8) A transfer from one (1) co-owner to one (1) or more other co-owners;
33 (9) A transfer made to the transferor's spouse or to one (1) or more per-
34 sons in the lineal line of consanguinity of one (1) or more of the
35 transferors;
36 (10) A transfer between spouses or former spouses as a result of a decree
37 of divorce, dissolution of marriage, annulment, or legal separation or as a
38 result of a property settlement agreement incidental to a decree of divorce,
39 dissolution of marriage, annulment, or legal separation;
40 (11) A transfer to or from the state, a political subdivision of the
41 state, or another governmental entity;
42 (12) A transfer that involved newly constructed residential real property
43 that previously has not been inhabited, except that disclosure of annexation
44 and city service status shall be declared by the sellers of such newly con-
45 structed residential real property in accordance with the provisions of sec-
46 tion 55-2508, Idaho Code;
47 (13) A transfer to a transferee who has occupied the property as a per-
48 sonal residence for one (1) or more years immediately prior to the transfer;
49 (14) A transfer from a transferor who both has not occupied the property
50 as a personal residence within one (1) year immediately prior to the transfer
51 and has acquired the property through inheritance or devise;
52 (15) A transfer by a relocation company to a transferee within one (1)
7
1 year from the date that the previous owner occupied the property.;
2 (16) A transfer from a decedent's estate.
3 SECTION 5. That Section 55-2508, Idaho Code, be, and the same is hereby
4 amended to read as follows:
5 55-2508. DISCLOSURE FORM. The disclosures required by the provisions of
6 this article pertaining to the property proposed to be transferred are set
7 forth in and shall be made on a copy of the following disclosure form or an
8 alternative form as provided in section 55-2506, Idaho Code:
9 SELLER PROPERTY DISCLOSURE FORM
10 SELLER'S NAME AND ADDRESS: ...................................................
11 Section 55-2501, et seq., Idaho Code, requires Sellers of residential real
12 property to complete a property condition disclosure form.
13 PURPOSE OF STATEMENT: This is a statement of the conditions and informa-
14 tion concerning the property known by the Seller. Unless otherwise advised,
15 the Seller does not possess any expertise in construction, architectural,
16 engineering or any other specific areas related to the construction or condi-
17 tion of the improvements on the property. Other than having lived at or owning
18 the property, the Seller possesses no greater knowledge than that which could
19 be obtained upon a careful inspection of the property by the potential buyer.
20 Unless otherwise advised, the Seller has not conducted any inspection of gen-
21 erally inaccessible areas such as the foundation or roof. It is not a warranty
22 of any kind by the Seller or by any agent representing any Seller in this
23 transaction. It is not a substitute for any inspections. Purchaser is encour-
24 aged to obtain his/her own professional inspections. Notwithstanding that
25 transfer of newly constructed residential real property that previously has
26 not been inhabited is exempt from disclosure pursuant to section 55-2505,
27 Idaho Code, Sellers of such newly constructed residential real property shall
28 disclose information regarding annexation and city services in the form as
29 prescribed in questions 1., 2. and 3.
30 1. Is the property located in an area of city impact, adjacent or contiguous
31 to a city limits, and thus legally subject to annexation by the city? .... Yes
32 .... No
33 2. Does the property, if not within city limits, receive any city services,
34 thus making it legally subject to annexation by the city? .... Yes .... No
35 3. Does the property have a written consent to annex recorded in the county
36 recorder's office, thus making it legally subject to annexation by the city?
37 .... Yes .... No
38 4. All appliances and service systems included in the sale, (such as
39 refrigerator/freezer, range/oven, dishwasher, disposal, hood/fan, central vac-
40 uum, microwave oven, trash compactor, smoke detectors, tv antenna/dish,
41 fireplace/wood stove, water heater, garage door opener, pool/hot tub, etc.)
42 are functioning properly except: (please list and explain) ...................
43 ..............................................................................
44 ..............................................................................
45 25. Specify problems with the following:
46 Basement water ...........................................................
47 Foundation ...............................................................
48 Roof condition and age ...................................................
49 Well (type) ...................... problem ...............................
50 Septic system (type) ............. problem ...............................
51 Plumbing .................................................................
8
1 Drainage .................................................................
2 Electrical ...............................................................
3 Heating ..................................................................
4 36. Describe any conditions that may affect your ability to clear title (such
5 as encroachments, easements, zoning violations, lot line disputes, etc.): ....
6 ..............................................................................
7 47. Are you aware of any hazardous materials or pest infestations on the
8 property? ....................................................................
9 58. Have any substantial additions or alterations been made without a build-
10 ing permit? ..................................................................
11 69. Any other problems, including legal, physical or other not listed above
12 that you know concerning the property: .......................................
13 The Seller certifies that the information herein is true and correct to
14 the best of Seller's knowledge as of the date signed by the Seller. The Seller
15 is familiar with the residential real property and each act performed in mak-
16 ing a disclosure of an item of information is made and performed in good
17 faith.
18 I/we acknowledge receipt of a copy of this statement.
19 Seller: Buyer:
20 ........................ .........................
21 Date: .................. Date: ...................
22 ........................ .........................
23 Date: .................. Date: ...................
24 SECTION 6. That Section 67-6526, Idaho Code, be, and the same is hereby
25 amended to read as follows:
26 67-6526. AREAS OF CITY IMPACT -- NEGOTIATION PROCEDURE. (a) The governing
27 board of each county and each city therein shall adopt by ordinance following
28 the notice and hearing procedures provided in section 67-6509, Idaho Code, a
29 map identifying an area of city impact within the unincorporated area of the
30 county. A separate ordinance providing for application of plans and ordinances
31 for the area of city impact shall be adopted. Subject to the provisions of
32 section 50-222, Idaho Code, an area of city impact must be established before
33 a city may annex adjacent territory. This separate ordinance shall provide for
34 one (1) of the following:
35 (1) Application of the city plan and ordinances adopted under this chap-
36 ter to the area of city impact; or
37 (2) Application of the county plan and ordinances adopted under this
38 chapter to the area of city impact; or
39 (3) Application of any mutually agreed upon plan and ordinances adopted
40 under this chapter to the area of city impact.
41 Areas of city impact, together with plan and ordinance requirements, may
42 cross county boundaries by agreement of the city and county concerned if the
43 city is within three (3) miles of the adjoining county.
44 (b) If the requirements of section 67-6526(a), Idaho Code, are not met by
45 January 1, 2000, the have not been met, either the city or the county may
46 demand compliance with this section by providing written notice to the other
47 of said demand for compliance. Once a demand has been made, the city shall
48 select its representative as hereinafter provided, within thirty (30) days of
49 said demand, and the process set forth in this subsection shall commence. The
50 county commissioners for the county concerned, together with three (3) elected
51 city officials designated by the mayor of the city and confirmed by the coun-
9
1 cil, shall, within thirty (30) days after the city officials have been con-
2 firmed by the council, select three (3) city or county residents. These nine
3 (9) persons shall, by majority vote, recommend to the city and county govern-
4 ing boards an area of city impact together with plan and ordinance require-
5 ments. The recommendations shall be submitted to the governing boards within
6 one hundred eighty (180) days after the selection of the three (3) at-large
7 members at large and shall be acted upon by the governing boards within sixty
8 (60) days of receipt. If the city or county fails to enact ordinances provid-
9 ing for an area of city impact, plan, and ordinance requirements, either the
10 city or county may seek a declaratory judgment from the district court identi-
11 fying the area of city impact, and plan and ordinance requirements. In defin-
12 ing an area of city impact, the following factors shall be considered: (1)
13 trade area; (2) geographic factors; and (3) areas that can reasonably be
14 expected to be annexed to the city in the future.
15 (c) If areas of city impact overlap, the cities involved shall negotiate
16 boundary adjustments to be recommended to the respective city councils. If the
17 cities cannot reach agreement, the board of county commissioners shall, upon a
18 request from either city, within thirty (30) days, recommend adjustments to
19 the areas of city impact which shall be adopted by ordinance by the cities
20 following the notice and hearing procedures provided in section 67-6509, Idaho
21 Code. If any city objects to the recommendation of the board of county commis-
22 sioners, the county shall conduct an election, subject to the provisions of
23 section 34-106, Idaho Code, and establish polling places for the purpose of
24 submitting to the qualified electors residing in the overlapping impact area,
25 the question of which area of city impact the electors wish to reside. The
26 results of the election shall be conclusive and binding, and no further pro-
27 ceedings shall be entertained by the board of county commissioners, and the
28 decision shall not be appealable by either city involved. The clerk of the
29 board of county commissioners shall by abstract of the results of the elec-
30 tion, certify that fact, record the same and transmit copies of the original
31 abstract of the result of the election to the clerk of the involved cities.
32 (d) Areas of city impact, plan, and ordinance requirements shall remain
33 fixed until both governing boards agree to renegotiate. In the event the city
34 and county cannot agree, the judicial review process of subsection (b) of this
35 section shall apply. Renegotiations shall begin within thirty (30) days after
36 written request by the city or county and shall follow the procedures for
37 original negotiation provided in this section.
38 (e) Prior to negotiation or renegotiation of areas of city impact, plan,
39 and ordinance requirements, the governing boards shall submit the questions to
40 the planning, zoning, or planning and zoning commission for recommendation.
41 Each commission shall have a reasonable time fixed by the governing board to
42 make its recommendations to the governing board. The governing boards shall
43 undertake a review at least every ten (10) years of the city impact plan and
44 ordinance requirements to determine whether renegotiations are in the best
45 interests of the citizenry.
46 (f) This section shall not preclude growth and development in areas of
47 any county within the state of Idaho which are not within the areas of city
48 impact provided for herein.
49 (g) If the area of impact has been delimited pursuant to the provisions
50 of subsection (a) (1) of this section, persons living within the delimited
51 area of impact shall be entitled to representation on the planning, zoning, or
52 the planning and zoning commission of the city of impact. Such representation
53 shall as nearly as possible reflect the proportion of population living within
54 the city as opposed to the population living within the areas of impact for
55 that city. To achieve such proportional representation, membership of the
10
1 planning, zoning or planning and zoning commission, may exceed twelve (12)
2 persons, notwithstanding the provisions of subsection (a) of section 67-6504,
3 Idaho Code. In instances where a city has combined either or both of its plan-
4 ning and zoning functions with the county, representation on the resulting
5 joint planning, zoning or planning and zoning commission shall as nearly as
6 possible reflect the proportion of population living within the impacted city,
7 the area of city impact outside the city, and the remaining unincorporated
8 area of the county. Membership on such a joint planning, zoning or planning
9 and zoning commission may exceed twelve (12) persons, notwithstanding the pro-
10 visions of subsection (a) of section 67-6504, Idaho Code.
STATEMENT OF PURPOSE
RS# 11979
This legislation is intended to provide affected citizens with far
more information concerning any annexation proposal, to accord
citizens a meaningful opportunity to be heard regarding annexation
and zoning decisions, to allow landowners an opportunity to consent
to or oppose significant annexations and to establish standards and
procedural requirements that clearly define the obligations of cities
as they consider annexation of developing lands.
Annexations would be categorized based upon their complexity and
extent. Unless all owners consent or unless a parcel is surrounded
by a city, cities would be required to develop annexation plans and
make the contents of those plans readily available to the interested
public.
A public hearing would have to be held regarding annexation (not
just zoning) with extended notice requirements (twenty-eight days).
Notice must be provided by publication and first class mail to all
affected property owners. Annexation decisions would be required to
address public policy considerations set forth in the statutes, with
specific findings that the statutes have been satisfied.
After extensive opportunities to review plans and participate in
hearings, landowners in significant annexations (200 parcels or lots
based on the assessor’s records - Category C) will be polled to
determine their support for or opposition to annexation. Owners
of lands subject to recorded consent to annex or receiving water
or sewer service from the city will be deemed to consent. In such
circumstances, a city may not annex unless a majority of the
responding land area supports annexation.
Opportunity for independent judicial review would be provided to
determine that statutory procedures have been followed and that
statutory standards have been met.
Refinements in drafting would recognize the annexation statutes to
make them more understandable, with readers less prone to becoming
lost in the current confusing verbiage.
The area of city impact statute would be modified to require cities
to name their designated representatives on dispute resolution
committees within thirty (30) days after the date that county
commissioners elect to pursue that approach.
The standardized property seller disclosure form (Idaho Code §552508)
would be modified to require disclosure of area of city impact
status, disclosure of agreements which consent to annexation and
annexation potential to purchasers.
The city and county governing boards will be required to undertake
a review at least every ten (10) years of the city impact plan and
ordinance requirements.
FISCAL IMPACT
Cities will have additional costs for preparing annexation plans,
mailing of notices, polling property owners where necessary and
publication of additional notices. The amounts will vary depending
upon the number of annexations and the number of residents to be
notified. There will be no fiscal impact to the state of Idaho.
CONTACT
Name: Representative Lee Gagner
Phone: 332-1000
Name: Senator Moon Wheeler
Phone: 332-1409
Name: Senator Jerry Thorne
Phone: 332-1323
STATEMENT OF PURPOSE/FISCAL NOTE S 1391