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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