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S1128.....................................................by TRANSPORTATION
HIGHWAY INVERSE CONDEMNATION ACT - Adds to existing law to provide for
claims of inverse condemnation by property owners against state and local
governments that have jurisdiction over highway rights-of-way.
02/14 Senate intro - 1st rdg - to printing
02/15 Rpt prt - to Transp
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1128
BY TRANSPORTATION COMMITTEE
1 AN ACT
2 RELATING TO INVERSE CONDEMNATION; AMENDING TITLE 40, IDAHO CODE, BY THE ADDI-
3 TION OF A NEW CHAPTER 25, TITLE 40, IDAHO CODE, TO PROVIDE A SHORT TITLE,
4 TO DEFINE TERMS, TO RESTRICT CERTAIN CLAIMS AND TO PROVIDE A TIME WITHIN
5 WHICH CERTAIN ACTIONS SHALL BE COMMENCED OR BE BARRED, TO PROVIDE FOR THE
6 FILING OF CLAIMS, TO PROVIDE FOR THE TOLLING OF THE STATUTE OF LIMITA-
7 TIONS, TO PROVIDE FOR THE CONTENTS OF CLAIMS, TO PROVIDE FOR THE FILING OF
8 CLAIMS BY CERTAIN RELATIVES, ATTORNEYS OR AGENTS AND TO PROVIDE FOR THE
9 EFFECT OF INACCURACIES IN CLAIMS, TO PROVIDE FOR THE APPROVAL, PARTIAL
10 APPROVAL OR DENIAL OF CLAIMS, TO PROVIDE FOR SUIT ON DENIED CLAIMS, TO
11 PROVIDE FOR THE COMPROMISE AND SETTLEMENT OF CLAIMS, TO PROVIDE FOR CER-
12 TAIN SUITS IN THE EVENT CLAIMS ARE APPROVED OR PARTIALLY APPROVED BUT NOT
13 SETTLED, TO PROVIDE FOR DAMAGES, TO PROVIDE FOR THE RELATIONSHIP TO OTHER
14 LAW, TO PROVIDE FOR TAX LEVIES TO PAY CLAIMS OR JUDGMENTS, TO PROVIDE FOR
15 SEVERABILITY; TO PROVIDE AN EFFECTIVE DATE AND TO PROVIDE FOR APPLICATION.
16 Be It Enacted by the Legislature of the State of Idaho:
17 SECTION 1. That Title 40, Idaho Code, be, and the same is hereby amended
18 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-
19 ter 25, Title 40, Idaho Code, and to read as follows:
20 CHAPTER 25
21 HIGHWAY INVERSE CONDEMNATION ACT
22 40-2501. SHORT TITLE. This act shall be known and may be cited as the
23 "Highway Inverse Condemnation Act."
24 40-2502. DEFINITIONS. As used in this chapter:
25 (1) "Act" shall mean and refer to the highway inverse condemnation act.
26 (2) "Claim" means any written demand to recover money damages by a prop-
27 erty owner who asserts that his property, or some interest therein, has been
28 invaded or appropriated by a governmental entity, without due process of law
29 and without payment of just compensation.
30 (3) "Governmental entity" means and includes the state and its political
31 subdivisions as herein defined with jurisdiction over highway and road rights-
32 of-way.
33 (4) "Political subdivision" means any county, city, municipal corpora-
34 tion, health district, school district, highway district, single countywide
35 highway district, irrigation district, an operating agent of irrigation dis-
36 tricts whose board consists of directors of its member districts, special
37 improvement district or taxing district, or any other political subdivision or
38 public corporation which has the right to exercise eminent domain and has
39 jurisdiction over highway and road rights-of-way.
40 (5) "State" means the Idaho transportation department.
2
1 40-2503. RESTRICTION ON ALLOWANCE OF CLAIM -- COMMENCEMENT OF ACTION. (1)
2 No claim or action pursuant to the provisions of this act shall be allowed
3 against a governmental entity unless a claim has first been presented and
4 filed with the governmental entity within the time limits and according to the
5 procedures prescribed in this act.
6 (2) Any claim against a governmental entity pursuant to the provisions of
7 this act shall be forever barred unless an action is commenced within four (4)
8 years after the claim accrued. An action is commenced within the meaning of
9 this act when the complaint is filed. A claim shall be deemed to have accrued
10 at the time it becomes apparent that the invasion or appropriation by the gov-
11 ernmental entity is of such a degree and kind as to constitute a substantial
12 interference with the claimant's property interest.
13 40-2504. FILING CLAIM -- TIME. Any claim against a governmental entity
14 pursuant to the provisions of this act shall be presented to and filed with
15 the governmental entity, as herein provided, within four (4) years from the
16 date the claim accrues.
17 (1) A claim against the state shall be presented to and filed with the
18 secretary of state.
19 (2) A claim against a political subdivision shall be presented to and
20 filed with the clerk or secretary of the political subdivision.
21 40-2505. TOLLING OF LIMITATION PERIOD DURING PENDENCY OF CLAIM BEFORE
22 GOVERNMENTAL ENTITY. The statute of limitations, pursuant to the provisions of
23 this act, shall be tolled and not be deemed to run during the time that a
24 claim is pending before a governmental entity.
25 40-2506. CONTENT OF CLAIM -- FILING BY AGENT OR ATTORNEY -- EFFECT OF
26 INACCURACIES. A claim presented to and filed with a governmental entity shall
27 accurately describe the property owner's property, or some interest therein,
28 which is claimed to have been invaded or appropriated, state the time and
29 place and a description of the invasion or appropriation of the property or
30 property interest that occurred, state the names of all property owners known
31 to be involved, and set forth the amount of damages claimed. If the claimant
32 is incapacitated from presenting and filing his claim within the time pre-
33 scribed, or if the claimant is a minor, or if the claimant is a nonresident of
34 the state and is absent during the time within which his claim is required to
35 be filed, the claim may be presented and filed on behalf of the claimant by
36 any relative, attorney or agent representing the claimant. A claim filed under
37 the provisions of this section shall not be held invalid or insufficient by
38 reason of an inaccuracy unless it is shown that the governmental entity was in
39 fact misled to its injury thereby.
40 40-2507. TIME FOR APPROVAL, PARTIAL APPROVAL OR DENIAL OF CLAIM -- EFFECT
41 OF FAILURE TO ACT. Within ninety (90) days after a claim pursuant to the pro-
42 visions of this act has been filed, the governmental entity shall approve,
43 partially approve, or deny that part of the claim asserting the claimant's
44 property, or some interest therein, was invaded or appropriated by the govern-
45 mental entity, and shall send written notification of its approval, partial
46 approval, or denial to the claimant. A claim shall be deemed to have been
47 denied if at the end of the ninety (90) day period the governmental entity
48 takes no action.
49 40-2508. SUIT ON DENIED CLAIM. If the claim is denied, or deemed denied,
50 the provisions of this act do not then prohibit a claimant from filing an
3
1 action in the district court against the governmental entity for inverse con-
2 demnation.
3 40-2509. COMPROMISE AND SETTLEMENT BY GOVERNMENTAL ENTITY. If a claim is
4 approved, or partially approved, by the governmental entity, the governmental
5 entity shall have an additional ninety (90) day period immediately following
6 the approval to pursue compromise and settlement of the claim with the claim-
7 ant. A claim shall be deemed to have not been settled if at the end of the
8 ninety (90) day period a settlement has not been reached.
9 40-2510. SUIT ON APPROVED BUT UNSETTLED CLAIM. If a claim is approved, or
10 partially approved, by the governmental entity but not settled as provided by
11 section 40-2509, Idaho Code, the provisions of this act do not then prohibit a
12 claimant from filing an action in district court against the governmental
13 entity for inverse condemnation and do not then prohibit the governmental
14 entity from filing an action in district court for eminent domain.
15 40-2511. DAMAGES -- DATE OF ACCRUAL. For purposes of assessing compensa-
16 tion damages for a claim, damages shall be deemed to have been incurred on the
17 date the claim accrued and shall draw lawful interest from said date at the
18 rate for money due on a judgment for each year and/or partial year included.
19 40-2512. RELATIONSHIP TO OTHER LAW. (1) No provision of this act shall
20 affect the application of the provisions of sections 7-701 through 7-721,
21 Idaho Code, to an action by a governmental entity for eminent domain.
22 (2) The provisions and requirements of the Idaho tort claims act, as set
23 forth in chapter 9, title 6, Idaho Code, shall not be affected by the provi-
24 sions of this act.
25 40-2513. TAX LEVY TO PAY CLAIM OR JUDGMENT. Notwithstanding any other
26 provision of law to the contrary, and in the event there are no funds avail-
27 able, a political subdivision, that is authorized to levy and collect property
28 tax, shall levy and collect a property tax, at the earliest time possible, in
29 an amount necessary to pay a claim or a judgment from a claim made under the
30 provisions of this act where the political subdivision has failed to provide a
31 comprehensive liability plan to cover risk of claims made under the provisions
32 of this act.
33 40-2514. SEVERABILITY. The provisions of this act are hereby declared to
34 be severable, and if any provision of this act or the application of such pro-
35 vision to any person or circumstance is declared invalid for any reason, such
36 declaration shall not affect the validity of the remaining portions of this
37 act.
38 SECTION 2. This act shall be in full force and effect on and after July
39 1, 2005, and shall apply to any claim which accrues on or after July 1, 2005.
STATEMENT OF PURPOSE
RS 14914
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 0. Davis, Executive Director,
Idaho Association of Highway Districts
Phone: (208) 345-5176
STATEMENT OF PURPOSE/FISCAL IMPACT S 1128