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S1083.....................................................by TRANSPORTATION IDAHO TRANSPORTATION DEPARTMENT - SURPLUS PROPERTY - Amends existing law to authorize the sale or exchange of surplus real property of the Idaho Transportation Department to certain tax-supported local government entities for less than the appraised value in accordance with specified conditions. 02/02 Senate intro - 1st rdg - to printing 02/03 Rpt prt - to Transp 02/18 Rpt out - rec d/p - to 2nd rdg 02/21 2nd rdg - to 3rd rdg 02/22 3rd rdg - PASSED - 27-0-8 AYES -- Andreason, Broadsword, Bunderson, Cameron, Coiner, Compton, Corder, Darrington, Davis, Gannon, Geddes, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Werk NAYS -- None Absent and excused -- Brandt, Burkett, Burtenshaw, Goedde, Hill, Noble, Sweet, Williams Floor Sponsor - Marley Title apvd - to House 02/23 House intro - 1st rdg - to Transp 03/01 Rpt out - rec d/p - to 2nd rdg 03/02 2nd rdg - to 3rd rdg 03/09 3rd rdg - PASSED - 69-0-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- None Absent and excused -- Bedke Floor Sponsor - Shepherd(2) Title apvd - to Senate 03/10 To enrol 03/11 Rpt enrol - Pres signed 03/14 Sp signed 03/15 To Governor 03/21 Governor signed Session Law Chapter 100 Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature First Regular Session - 2005 IN THE SENATE SENATE BILL NO. 1083 BY TRANSPORTATION COMMITTEE 1 AN ACT 2 RELATING TO SURPLUS REAL PROPERTY OF THE IDAHO TRANSPORTATION DEPARTMENT; 3 AMENDING SECTION 58-335A, IDAHO CODE, TO AUTHORIZE THE SALE OR EXCHANGE OF 4 SURPLUS REAL PROPERTY TO CERTAIN TAX-SUPPORTED LOCAL GOVERNMENT ENTITIES 5 FOR LESS THAN THE APPRAISED VALUE IN ACCORDANCE WITH SPECIFIED CONDITIONS. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 58-335A, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 58-335A. OTHER LANDS EXEMPT FROM ACT. The provisions of sections 58-331 10 through 58-335, Idaho Code, shall not apply to surplus real properties of the 11 Idaho transportation department, with the exclusion of office and maintenance 12 yard sites. The Idaho transportation board shall promulgate rules to govern 13 the sale of surplus real properties under this section, provided that in no 14 case shall a property be sold or exchanged for a value less than that estab- 15 lished through the appraisal process; and provided further that surplus real 16 property may be offered for sale or exchange to any tax-supported agency or 17 political subdivision of the state of Idaho, other than the state of Idaho or 18 its agencies, in whose jurisdiction the property is located, at a negotiated 19 price not to exceed the appraised value. Such surplus property sold or 20 exchanged for less than the appraised value must be used in perpetuity exclu- 21 sively for a public purpose which shall be stated in the deed of transfer. If 22 the stated use shall cease, the property shall revert to the ownership of the 23 Idaho transportation department. 24 For the purpose of acquiring highway rights-of-way, the Idaho transporta- 25 tion board is authorized to exchange surplus real property of the department 26 for other parcels of real property. In exchanging real properties, the board 27 shall cause both parcels of real property to be appraised, and either the 28 owner or the department shall pay to the other the difference in value. 29 Before the department disposes of surplus property at public sale, if the 30 property is valued at less than ten thousand dollars ($10,000), the department 31 shall first notify any person who owns real property which is contiguous with 32 the surplus property of the department that he has first option to purchase 33 the surplus property for an amount not less than the established value. If 34 more than one (1) adjoining owner wants to purchase the property, a private 35 auction shall be held for such parties. If no owner of adjoining property 36 exercises his option to buy, the department may proceed to public sale.
STATEMENT OF PURPOSE RS 14461C1 Idaho Code 58-335A requires that Idaho Transportation Department surplus property be sold for not less than its appraised value. The Department has the option of transferring surplus property at no cost to other government entities if it will be used for a transportation purpose. Local government tax supported entities sometimes desire to acquire surplus Department property located in their jurisdiction for a public purpose other than one related to transportation. Because of budgets, the difficulty of governing entities making financial commitments beyond their term of office and the timing of sales by the Department, local government entities may not have funds to purchase property at the appraised value. If they could acquire surplus Idaho Transportation Department property at a negotiated price less than the appraised value it would provide an opportunity to convert surplus Idaho Transportation Department land and buildings to a public purpose unrelated to transportation. Examples include parks, playgrounds, public infrastructure and municipal parking. If property is purchased for less than the appraised price a reservation clause in the deed would prevent it from being sold or used for other than a public purpose. FISCAL IMPACT Assuming 10% of parcels presently sold or traded by ITD, which have netted $1.53 million per year over the past eight years, were claimed by local government entities at a negotiated price averaging 50% of the appraised price the revenue returned to the state highway fund would be reduced by $76,500 each year. CONTACT Name: Leonard Hill Agency: Idaho Transportation Department Phone: 334-8520 Statement of Purpose/Fiscal Impact S 1083