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H0256aa...................................................by WAYS AND MEANS REGULATORY TAKING - Amends existing law to provide for a written taking analysis to be prepared concerning a governmental agency's action regarding private property, upon request; to provide procedures; to provide the effect on a governmental action if a taking analysis is not prepared after the request; to provide for judicial proceedings; and to provide for a tolling of a time limitation relevant to the regulatory or administrative action. 02/13 House intro - 1st rdg - to printing 02/14 Rpt prt - to Loc Gov 02/19 Rpt out - rec d/p - to 2nd rdg 02/20 2nd rdg - to 3rd rdg 02/21 To Gen Ord 02/26 Rpt out amen - to engros 02/27 Rpt engros - 1st rdg - to 2nd rdg as amen 02/28 2nd rdg - to 3rd rdg as amen 03/03 3rd rdg as amen - PASSED - 55-14-1 AYES -- Andersen, Barraclough, Barrett, Bauer, Bedke, Bell, Black, Block, Bolz, Bradford, Campbell, Cannon, Clark, Collins, Crow, Cuddy, Deal, Denney, Eberle, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Gagner, Garrett, Harwood, Jones, Kellogg, Kulczyk, Lake, Langford, McGeachin, McKague, Meyer, Miller, Mitchell, Moyle, Nielsen, Raybould, Ring, Roberts, Rydalch, Sali, Schaefer, Shepherd, Shirley, Skippen, Smylie, Snodgrass, Stevenson, Tilman, Wills, Wood, Mr. Speaker NAYS -- Boe, Douglas, Henbest, Jaquet, Langhorst, Martinez, Naccarato, Ridinger, Ringo, Robison, Sayler, Smith(30), Smith(24), Trail Absent and excused -- Bieter Floor Sponsor - Mr. Speaker Title apvd - to Senate 03/04 Senate intro - 1st rdg - to Loc Gov 03/06 Rpt out - rec d/p - to 2nd rdg 03/07 2nd rdg - to 3rd rdg 03/14 3rd rdg - PASSED - 26-7-2 AYES -- Bailey, Brandt, Bunderson, Burtenshaw, Calabretta, Cameron, Compton, Darrington, Gannon, Geddes, Goedde, Hill, Ingram, Keough, Little, Lodge, McKenzie, McWilliams, Noble, Pearce, Richardson, Schroeder, Sorensen, Stegner, Sweet, Williams NAYS -- Andreason(Rouse), Burkett, Kennedy, Malepeai, Noh, Stennett, Werk Absent and excused -- Davis, Marley Floor Sponsors - McKenzie & Sweet Title apvd - to House 03/17 To enrol 03/19 Rpt enrol - Sp signed 03/20 Pres signed 03/21 To Governor 03/27 Governor signed Session Law Chapter 141 Effective: 07/01/03
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 256 BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO REGULATORY TAKINGS; AMENDING SECTION 67-8002, IDAHO CODE, TO FUR- 3 THER DEFINE TERMS; AND AMENDING SECTION 67-8003, IDAHO CODE, TO PROVIDE 4 FOR A WRITTEN TAKING ANALYSIS TO BE PREPARED CONCERNING A GOVERNMENTAL 5 AGENCY'S ACTION REGARDING PRIVATE PROPERTY UPON REQUEST, TO PROVIDE PROCE- 6 DURES, TO PROVIDE THE EFFECT ON A GOVERNMENTAL ACTION IF A TAKING ANALY- 7 SIS IS NOT PREPARED AFTER REQUEST AND TO PROVIDE FOR JUDICIAL PROCEEDINGS. 8 Be It Enacted by the Legislature of the State of Idaho: 9 SECTION 1. That Section 67-8002, Idaho Code, be, and the same is hereby 10 amended to read as follows: 11 67-8002. DEFINITIONS. As used in this chapter: 12 (1) "Local government" means any city, county, taxing district or other 13 political subdivision of state government with a governing body. 14 (2) "Private property" means all real property protected by the fifth 15 amendment and the fourteenth amendment of the constitution of the United 16 States or section 134, article I, of the constitution of the state of Idaho. 17 (3) "State agency" means the state of Idaho and any officer, agency, 18 board, commission, department or similar body of the executive branch of the 19 state government. 20 (4) "Regulatory tTaking" meansan uncompensateda regulatory or adminis- 21 trative action resulting in deprivation of private property that is the sub- 22 ject of such action, whether such deprivation is total or partial, permanent 23 or temporary, in violation of the state or federal constitution. 24 SECTION 2. That Section 67-8003, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 67-8003. PROTECTION OF PRIVATE PROPERTY. (1) The attorney general shall 27 establish, by October 1, 1994, an orderly, consistent process, including a 28 checklist, that better enables a state agency or local government to evaluate 29 proposed regulatory or administrative actions to assure that such actions do 30 not result in an unconstitutional taking of private property. The attorney 31 general shall review and update the process at least on an annual basis to 32 maintain consistency with changes in law. All state agencies and local govern- 33 ments shall follow the guidelines of the attorney general. 34 (2)The review process used by a state agency or local government shall35be protected by attorney client privilege. Nothing in this section grants a36person the right to seek judicial relief requiring compliance with the provi-37sions of this chapterUpon the written request of an owner of real property 38 that is the subject of such action, such request being filed with the clerk or 39 the agency or entity undertaking the regulatory or administrative action not 40 more than twenty-eight (28) days after the final decision concerning the mat- 41 ter at issue, a state agency or local governmental entity shall prepare a 2 1 written taking analysis concerning the action. Any regulatory taking analysis 2 prepared hereto shall comply with the process set forth in this chapter, 3 including use of the checklist developed by the attorney general pursuant to 4 subsection (1) of this section and shall be provided to the real property 5 owner no longer than forty-two (42) days after the date of filing the request 6 with the clerk or secretary of the agency whose action is questioned. A regu- 7 latory taking analysis prepared pursuant to this section shall be considered 8 public information. 9 (3) A governmental action is voidable if a written taking analysis is not 10 prepared after a request has been made pursuant to this chapter. A private 11 real property owner, whose land is the subject of governmental action, 12 affected by a governmental action without the preparation of a requested tak- 13 ing analysis as required by this section may seek judicial determination of 14 the validity of the governmental action by initiating a declaratory judgment 15 action or other appropriate legal procedure. A suit seeking to invalidate a 16 governmental action for noncompliance with subsection (2) of this section must 17 be filed in a district court in the county in which the private property 18 owner's affected real property is located. If the affected property is located 19 in more than one (1) county, the private property owner may file suit in any 20 county in which the affected real property is located.
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003Moved by Newcomb Seconded by Barrett IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENTS TO H.B. NO. 256 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, delete lines 14 through 16 and insert: 3 "(2) "Private property" means allrealproperty protected by thefifth4amendment and the fourteenth amendment of theconstitution of the United 5 States orsection 13, article I, ofthe constitution of the state of Idaho.". 6 AMENDMENTS TO SECTION 2 7 On page 2, in line 11, delete "land" and insert: "property"; and following 8 line 20 insert: 9 "(4) During the preparation of the taking analysis, any time limitation 10 relevant to the regulatory or administrative actions shall be tolled. Such 11 tolling shall cease when the taking analysis has been provided to the property 12 owner. Both the request for a taking analysis and the taking analysis shall 13 be part of the official record regarding the regulatory or administrative 14 action.". 15 CORRECTION TO TITLE 16 On page 1, delete line 7 and insert: "SIS IS NOT PREPARED AFTER REQUEST, 17 TO PROVIDE FOR JUDICIAL PROCEEDINGS AND TO PROVIDE FOR A TOLLING OF A TIME 18 LIMITATION RELEVANT TO THE REGULATORY OR ADMINISTRATIVE ACTION.".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-seventh Legislature First Regular Session - 2003IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 256, As Amended BY WAYS AND MEANS COMMITTEE 1 AN ACT 2 RELATING TO REGULATORY TAKINGS; AMENDING SECTION 67-8002, IDAHO CODE, TO FUR- 3 THER DEFINE TERMS; AND AMENDING SECTION 67-8003, IDAHO CODE, TO PROVIDE 4 FOR A WRITTEN TAKING ANALYSIS TO BE PREPARED CONCERNING A GOVERNMENTAL 5 AGENCY'S ACTION REGARDING PRIVATE PROPERTY UPON REQUEST, TO PROVIDE PROCE- 6 DURES, TO PROVIDE THE EFFECT ON A GOVERNMENTAL ACTION IF A TAKING ANALY- 7 SIS IS NOT PREPARED AFTER REQUEST, TO PROVIDE FOR JUDICIAL PROCEEDINGS AND 8 TO PROVIDE FOR A TOLLING OF A TIME LIMITATION RELEVANT TO THE REGULATORY 9 OR ADMINISTRATIVE ACTION. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 67-8002, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 67-8002. DEFINITIONS. As used in this chapter: 14 (1) "Local government" means any city, county, taxing district or other 15 political subdivision of state government with a governing body. 16 (2) "Private property" means allrealproperty protected by thefifth17amendment and the fourteenth amendment of theconstitution of the United 18 States orsection 13, article I, ofthe constitution of the state of Idaho. 19 (3) "State agency" means the state of Idaho and any officer, agency, 20 board, commission, department or similar body of the executive branch of the 21 state government. 22 (4) "Regulatory tTaking" meansan uncompensateda regulatory or adminis- 23 trative action resulting in deprivation of private property that is the sub- 24 ject of such action, whether such deprivation is total or partial, permanent 25 or temporary, in violation of the state or federal constitution. 26 SECTION 2. That Section 67-8003, Idaho Code, be, and the same is hereby 27 amended to read as follows: 28 67-8003. PROTECTION OF PRIVATE PROPERTY. (1) The attorney general shall 29 establish, by October 1, 1994, an orderly, consistent process, including a 30 checklist, that better enables a state agency or local government to evaluate 31 proposed regulatory or administrative actions to assure that such actions do 32 not result in an unconstitutional taking of private property. The attorney 33 general shall review and update the process at least on an annual basis to 34 maintain consistency with changes in law. All state agencies and local govern- 35 ments shall follow the guidelines of the attorney general. 36 (2)The review process used by a state agency or local government shall37be protected by attorney client privilege. Nothing in this section grants a38person the right to seek judicial relief requiring compliance with the provi-39sions of this chapterUpon the written request of an owner of real property 40 that is the subject of such action, such request being filed with the clerk or 41 the agency or entity undertaking the regulatory or administrative action not 2 1 more than twenty-eight (28) days after the final decision concerning the mat- 2 ter at issue, a state agency or local governmental entity shall prepare a 3 written taking analysis concerning the action. Any regulatory taking analysis 4 prepared hereto shall comply with the process set forth in this chapter, 5 including use of the checklist developed by the attorney general pursuant to 6 subsection (1) of this section and shall be provided to the real property 7 owner no longer than forty-two (42) days after the date of filing the request 8 with the clerk or secretary of the agency whose action is questioned. A regu- 9 latory taking analysis prepared pursuant to this section shall be considered 10 public information. 11 (3) A governmental action is voidable if a written taking analysis is not 12 prepared after a request has been made pursuant to this chapter. A private 13 real property owner, whose property is the subject of governmental action, 14 affected by a governmental action without the preparation of a requested tak- 15 ing analysis as required by this section may seek judicial determination of 16 the validity of the governmental action by initiating a declaratory judgment 17 action or other appropriate legal procedure. A suit seeking to invalidate a 18 governmental action for noncompliance with subsection (2) of this section must 19 be filed in a district court in the county in which the private property 20 owner's affected real property is located. If the affected property is located 21 in more than one (1) county, the private property owner may file suit in any 22 county in which the affected real property is located. 23 (4) During the preparation of the taking analysis, any time limitation 24 relevant to the regulatory or administrative actions shall be tolled. Such 25 tolling shall cease when the taking analysis has been provided to the property 26 owner. Both the request for a taking analysis and the taking analysis shall 27 be part of the official record regarding the regulatory or administrative 28 action.
STATEMENT OF PURPOSE RS 12976 The purpose of this legislation is to establish a consistent review process that better enables governments to evaluate whether proposed actions may result in a taking of private property without due process. This act is intended to ensure that a government catches potential mistakes. A takings analysis is only triggered after a written request is filed following a final action being taken by the governmental entity. FISCAL IMPACT There may be some general fund impact as some regulatory takings analysis may be required to be prepared that have not been in the past despite the fact that current law requires them. Having the attorney client privilege for this analysis has caused some agencies to not conduct the analysis as required by law. Contact Name: Bruce Newcomb Phone: 332-1111 STATEMENT OF PURPOSE/FISCAL NOTE H 256