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H0223.........................................................by STATE AFFAIRS
PROPERTY - Amends existing law to provide conditions to govern the disposal by
a board of county commissioners of title to mineral rights severed from
property.
02/10 House intro - 1st rdg - to printing
02/11 Rpt prt - to St Aff
02/18 Rpt out - rec d/p - to 2nd rdg
02/19 2nd rdg - to 3rd rdg
02/21 3rd rdg - PASSED - 63-0-7
AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Bieter,
Black, Boe, Bolz, Bradford, Cannon, Clark, Collins, Crow, Cuddy, Deal,
Denney, Douglas, Eberle, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Gagner, Garrett, Harwood, Henbest, Jaquet, Kellogg, Kulczyk,
Lake, Langford, Langhorst, Martinez, McGeachin, McKague, Meyer, Miller,
Moyle, Nielsen, Raybould, Ridinger, Ring, Ringo, Roberts, Robison,
Rydalch, Sali, Sayler, Schaefer(Schaefer), Shepherd, Shirley, Skippen,
Smith(30), Smylie, Snodgrass, Tilman, Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Block, Campbell, Jones, Mitchell, Naccarato,
Smith(24), Stevenson
Floor Sponsor - Langford
Title apvd - to Senate
02/24 Senate intro - 1st rdg - to Loc Gov
02/27 Rpt out - rec d/p - to 2nd rdg
02/28 2nd rdg - to 3rd rdg
03/06 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burkett, Burtenshaw,
Calabretta, Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde,
Hill, Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley,
McKenzie, McWilliams, Noble(Anderson), Noh, Pearce, Richardson,
Sorensen, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Schroeder
Absent and excused -- None
Floor Sponsor - Sweet
Title apvd - to House
03/07 To enrol
03/10 Rpt enrol - Sp signed
03/11 Pres signed
03/12 To Governor
03/13 Governor signed
Session Law Chapter 58
Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-seventh Legislature First Regular Session - 2003
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 223
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO DISPOSAL OF COUNTY PROPERTY; AMENDING SECTION 31-808, IDAHO CODE,
3 TO PROVIDE CONDITIONS TO GOVERN DISPOSAL BY THE BOARD OF COUNTY COMMIS-
4 SIONERS OF TITLE TO MINERAL RIGHTS SEVERED FROM 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. The
3 board of county commissioners shall have the authority to cancel any contract
4 if the purchaser fails to comply with any of the terms of the contract and the
5 county shall retain all payments made on the contract. The title to all prop-
6 erty sold on contract shall be retained in the name of the county until full
7 payment has been made by the purchaser. However, the purchaser shall be
8 responsible for payment of all property taxes during the period of the con-
9 tract.
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 main-
52 tains a museum in the county, with or without compensation, any real or per-
53 sonal 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
10 (1) 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) When the county has title to mineral rights severed from the property
17 to which they attach, and the mineral rights have value of less than twenty-
18 five dollars ($25.00) per acre, the board of county commissioners may act to
19 return the mineral rights to the land from which they were severed in the fol-
20 lowing manner: the proposed action must appear on the agenda of a regular
21 meeting of the board of county commissioners; and the motion to make the
22 return must be adopted unanimously by the board voting in open meeting.
23 (11) A highway district or single countywide highway district shall fol-
24 low the provisions of this section when selling real or personal property
25 which has a value in excess of five thousand dollars ($5,000) belonging to it
26 but not necessary for its use. The proceeds from such sale shall be paid to
27 the highway district or single countywide highway district for its use.
REPRINT REPRINT REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 12817
The purpose of this legislation is to allow counties that wish to
do so to return severed mineral rights to the land from which
they originated.
FISCAL IMPACT
None
Contact
Name: Rep. Eulalie Langford
Phone: 208/332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 223