View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
S1388................................................by JUDICIARY AND RULES
INVERSE CONDEMNATION ACT - Adds to existing law relating to inverse
condemnation; to restrict certain claims; to provide a time in which
actions shall be commenced or be barred; to provide for the content,
filing, allowance and denial, and compromise and settlement of claims; to
provide for the tolling of the statute of limitations; to provide for suits
on denied claims and on approved but unsettled claims; to provide for
damages; to provide for the relationship to other law; and to provide for
tax levies to pay claims or judgments.
02/24 Senate intro - 1st rdg - to printing
02/25 Rpt prt - to Loc Gov
03/04 Rpt out - rec d/p - to 2nd rdg
03/05 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-1-0
AYES -- Andreason, Bailey, Brandt, Bunderson, Burtenshaw, Calabretta,
Cameron, Compton, Darrington, Davis, Gannon, Geddes, Goedde, Hill,
Ingram, Kennedy, Keough, Little, Lodge, Malepeai, Marley, McKenzie,
McWilliams, Noble, Noh, Pearce, Richardson, Schroeder, Sorensen,
Stegner, Stennett, Sweet, Werk, Williams
NAYS -- Burkett
Absent and excused -- None
Floor Sponsor - Compton
Title apvd - to House
03/10 House intro - 1st rdg - to Jud
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-seventh Legislature Second Regular Session - 2004
IN THE SENATE
SENATE BILL NO. 1388
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO INVERSE CONDEMNATION; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY
3 THE ADDITION OF A NEW SECTION 7-730, IDAHO CODE, TO PROVIDE A SHORT TITLE;
4 AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
5 7-731, IDAHO CODE, TO DEFINE TERMS; AMENDING CHAPTER 7, TITLE 7, IDAHO
6 CODE, BY THE ADDITION OF A NEW SECTION 7-732, IDAHO CODE, TO RESTRICT CER-
7 TAIN CLAIMS AND TO PROVIDE A TIME IN WHICH CERTAIN ACTIONS SHALL BE COM-
8 MENCED OR BE BARRED; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDI-
9 TION OF A NEW SECTION 7-733, IDAHO CODE, TO PROVIDE FOR THE FILING OF
10 CLAIMS; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW
11 SECTION 7-734, IDAHO CODE, TO PROVIDE FOR THE TOLLING OF THE STATUTE OF
12 LIMITATIONS; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A
13 NEW SECTION 7-735, IDAHO CODE, TO PROVIDE FOR THE CONTENTS OF CLAIMS, TO
14 PROVIDE FOR THE FILING OF CLAIMS BY CERTAIN RELATIVES, ATTORNEYS OR AGENTS
15 AND TO PROVIDE FOR THE EFFECT OF INACCURACIES IN CLAIMS; AMENDING CHAPTER
16 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-736, IDAHO
17 CODE, TO PROVIDE FOR THE APPROVAL, PARTIAL APPROVAL OR DENIAL OF CLAIMS;
18 AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
19 7-737, IDAHO CODE, TO PROVIDE FOR SUIT ON DENIED CLAIMS; AMENDING CHAPTER
20 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-738, IDAHO
21 CODE, TO PROVIDE FOR THE COMPROMISE AND SETTLEMENT OF CLAIMS; AMENDING
22 CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-739,
23 IDAHO CODE, TO PROVIDE FOR CERTAIN SUITS IN THE EVENT CLAIMS ARE APPROVED
24 OR PARTIALLY APPROVED BUT NOT SETTLED; AMENDING CHAPTER 7, TITLE 7, IDAHO
25 CODE, BY THE ADDITION OF A NEW SECTION 7-740, IDAHO CODE, TO PROVIDE FOR
26 DAMAGES; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW
27 SECTION 7-741, IDAHO CODE, TO PROVIDE FOR THE RELATIONSHIP TO OTHER LAW;
28 AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
29 7-742, IDAHO CODE, TO PROVIDE FOR TAX LEVIES TO PAY CLAIMS OR JUDGMENTS;
30 AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION
31 7-743, IDAHO CODE, TO PROVIDE FOR SEVERABILITY; TO PROVIDE AN EFFECTIVE
32 DATE AND TO PROVIDE FOR APPLICATION.
33 Be It Enacted by the Legislature of the State of Idaho:
34 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is
35 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
36 ignated as Section 7-730, Idaho Code, and to read as follows:
37 7-730. SHORT TITLE. This act shall be known and may be cited as the
38 "Inverse Condemnation Act."
39 SECTION 2. That Chapter 7, Title 7, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 7-731, Idaho Code, and to read as follows:
2
1 7-731. DEFINITIONS. As used in this act:
2 (1) "Act" shall mean and refer to the inverse condemnation act.
3 (2) "Claim" means any written demand to recover money damages by a prop-
4 erty owner who asserts that his property, or some interest therein, has been
5 invaded or appropriated by a governmental entity, without due process of law,
6 and without payment of just compensation.
7 (3) "Governmental entity" means and includes the state and political sub-
8 divisions as herein defined.
9 (4) "Political subdivision" means any county, city, municipal corpora-
10 tion, health district, school district, highway district, single countywide
11 highway district, irrigation district, an operating agent of irrigation dis-
12 tricts whose board consists of directors of its member districts, special
13 improvement district or taxing district, or any other political subdivision or
14 public corporation which has the right to exercise eminent domain.
15 (5) "State" means the state of Idaho or any office, department, agency,
16 authority, commission, board, institution, hospital, college, university or
17 other instrumentality thereof.
18 SECTION 3. That Chapter 7, Title 7, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 7-732, Idaho Code, and to read as follows:
21 7-732. RESTRICTION ON ALLOWANCE OF CLAIM -- COMMENCEMENT OF ACTION. (1)
22 No claim or action pursuant to the provisions of this act shall be allowed
23 against a governmental entity unless a claim has first been presented and
24 filed with the governmental entity within the time limits and according to the
25 procedures prescribed in this act.
26 (2) Any claim against a governmental entity pursuant to the provisions of
27 this act shall be forever barred unless an action is commenced within four (4)
28 years after the claim accrued. An action is commenced within the meaning of
29 this act when the complaint is filed. A claim shall be deemed to have accrued
30 at the time it becomes apparent that the invasion or appropriation by the gov-
31 ernmental entity is of such a degree and kind as to constitute a substantial
32 interference with the claimant's property interest.
33 SECTION 4. That Chapter 7, Title 7, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 7-733, Idaho Code, and to read as follows:
36 7-733. FILING CLAIM -- TIME. Any claim against a governmental entity pur-
37 suant to the provisions of this act shall be presented to and filed with the
38 governmental entity, as herein provided, within three (3) years from the date
39 the claim accrues.
40 (1) A claim against the state shall be presented to and filed with the
41 secretary of state.
42 (2) A claim against a political subdivision shall be presented to and
43 filed with the clerk or secretary of the political subdivision.
44 SECTION 5. That Chapter 7, Title 7, Idaho Code, be, and the same is
45 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
46 ignated as Section 7-734, Idaho Code, and to read as follows:
47 7-734. TOLLING OF LIMITATION PERIOD DURING PENDENCY OF CLAIM BEFORE GOV-
48 ERNMENTAL ENTITY. The statute of limitations, pursuant to the provisions of
49 this act, shall be tolled and not be deemed to run during the time that a
3
1 claim is pending before a governmental entity.
2 SECTION 6. That Chapter 7, Title 7, Idaho Code, be, and the same is
3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
4 ignated as Section 7-735, Idaho Code, and to read as follows:
5 7-735. CONTENT OF CLAIM -- FILING BY AGENT OR ATTORNEY -- EFFECT OF INAC-
6 CURACIES. A claim presented to and filed with a governmental entity shall
7 accurately describe the property owner's property, or some interest therein,
8 which is claimed to have been invaded or appropriated, state the time and
9 place and a description of the invasion or appropriation of the property or
10 property interest that occurred, state the names of all property owners known
11 to be involved, and set forth the amount of damages claimed. If the claimant
12 is incapacitated from presenting and filing his claim within the time pre-
13 scribed, or if the claimant is a minor, or if the claimant is a nonresident of
14 the state and is absent during the time within which his claim is required to
15 be filed, the claim may be presented and filed on behalf of the claimant by
16 any relative, attorney or agent representing the claimant. A claim filed under
17 the provisions of this section shall not be held invalid or insufficient by
18 reason of an inaccuracy unless it is shown that the governmental entity was in
19 fact misled to its injury thereby.
20 SECTION 7. That Chapter 7, Title 7, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 7-736, Idaho Code, and to read as follows:
23 7-736. TIME FOR APPROVAL, PARTIAL APPROVAL OR DENIAL OF CLAIM -- EFFECT
24 OF FAILURE TO ACT. Within ninety (90) days after a claim pursuant to the pro-
25 visions of this act has been filed, the governmental entity shall approve,
26 partially approve, or deny that part of the claim asserting the claimant's
27 property, or some interest therein, was invaded or appropriated by the govern-
28 mental entity, and shall send written notification of its approval, partial
29 approval, or denial to the claimant. A claim shall be deemed to have been
30 denied if at the end of the ninety (90) day period the governmental entity
31 takes no action.
32 SECTION 8. That Chapter 7, Title 7, Idaho Code, be, and the same is
33 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
34 ignated as Section 7-737, Idaho Code, and to read as follows:
35 7-737. SUIT ON DENIED CLAIM. If the claim is denied, or deemed denied,
36 the provisions of this act do not then prohibit a claimant from filing an
37 action in the district court against the governmental entity for inverse con-
38 demnation.
39 SECTION 9. That Chapter 7, Title 7, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 7-738, Idaho Code, and to read as follows:
42 7-738. COMPROMISE AND SETTLEMENT BY GOVERNMENTAL ENTITY. If a claim is
43 approved, or partially approved, by the governmental entity as provided by
44 section 7-736, Idaho Code, the governmental entity shall have an additional
45 ninety (90) day period immediately following the approval to pursue compromise
46 and settlement of the claim with the claimant. A claim shall be deemed to have
47 not been settled if at the end of the ninety (90) day period a settlement has
4
1 not been reached.
2 SECTION 10. That Chapter 7, Title 7, Idaho Code, be, and the same is
3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
4 ignated as Section 7-739, Idaho Code, and to read as follows:
5 7-739. SUIT ON APPROVED BUT UNSETTLED CLAIM. If a claim is approved, or
6 partially approved, by the governmental entity but not settled as provided by
7 section 7-738, Idaho Code, the provisions of this act do not then prohibit a
8 claimant from filing an action in district court against the governmental
9 entity for inverse condemnation and do not then prohibit the governmental
10 entity from filing an action in district court for eminent domain.
11 SECTION 11. That Chapter 7, Title 7, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 7-740, Idaho Code, and to read as follows:
14 7-740. DAMAGES -- DATE OF ACCRUAL. For purposes of assessing compensation
15 damages for a claim, damages shall be deemed to have been incurred on the date
16 the claim accrued and shall draw lawful interest from said date at the rate
17 for money due on a judgment for each year and/or partial year included.
18 SECTION 12. That Chapter 7, Title 7, Idaho Code, be, and the same is
19 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
20 ignated as Section 7-741, Idaho Code, and to read as follows:
21 7-741. RELATIONSHIP TO OTHER LAW. (1) No provision of this act shall
22 affect the application of the provisions of sections 7-701 through 7-721,
23 Idaho Code, to an action by a governmental entity for eminent domain.
24 (2) The provisions and requirements of the Idaho tort claims act, as set
25 forth in chapter 9, title 6, Idaho Code, shall not be affected by the provi-
26 sions of this act.
27 SECTION 13. That Chapter 7, Title 7, Idaho Code, be, and the same is
28 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
29 ignated as Section 7-742, Idaho Code, and to read as follows:
30 7-742. TAX LEVY TO PAY CLAIM OR JUDGMENT. Notwithstanding any other pro-
31 vision of law to the contrary, and in the event there are no funds available,
32 a political subdivision, that is authorized to levy and collect property tax,
33 shall levy and collect a property tax, at the earliest time possible, in an
34 amount necessary to pay a claim or a judgment from a claim made under the pro-
35 visions of this act where the political subdivision has failed to provide a
36 comprehensive liability plan to cover risk of claims made under the provisions
37 of this act.
38 SECTION 14. That Chapter 7, Title 7, Idaho Code, be, and the same is
39 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
40 ignated as Section 7-743, Idaho Code, and to read as follows:
41 7-743. SEVERABILITY. The provisions of this act are hereby declared to be
42 severable, and if any provision of this act or the application of such provi-
43 sion to any person or circumstance is declared invalid for any reason, such
44 declaration shall not affect the validity of the remaining portions of this
45 act.
5
1 SECTION 15. This act shall be in full force and effect on and after July
2 1, 2004, and shall apply to any claim which accrues on or after July 1, 2004.
STATEMENT OF PURPOSE
RS 13863C1
This legislation is intended to reduce the need for litigation
and speed the process of resolution of claims by property owners
against governmental entities for the taking of a property
interest. It provides that such claims are first filed with the
government entity [in a process similar to how tort claims
against government entities are now filed] who must then, in a 90
day period, determine whether it agrees that an interest in
property was taken has occurred. If the government entity
determines it has not taken a property interest the claimant may
then file an action in a court of law for inverse condemnation.
If the government entity determines it has taken a property
interest it shall then have an additional 90 days to try and
settle the taking claim. If the claim is not then resolved the
claimant may bring and inverse condemnation action for damages or
the Government entity may bring an eminent domain action in a
court of law.
FISCAL IMPACT
This Bill will have no fiscal impact to the general fund.
Contact
Name: Stuart O. Davis, Executive Director,
Idaho Association of Highway Districts
Phone: 345-5176
STATEMENT OF PURPOSE/FISCAL NOTE S 1388