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S1152................................................by JUDICIARY AND RULES
CONDEMNATION - Amends and repeals existing law relating to condemnation to
remove and revise definitions; to revise the powers and duties of the Idaho
Transportation Board relating to rule promulgation; to revise legislative
findings; to revise terminology; to revise provisions applicable to the
federal Uniform Relocation Assistance Act; and to repeal the chapter
relating to highway relocation assistance.
02/17 Senate intro - 1st rdg - to printing
02/18 Rpt prt - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE SENATE
SENATE BILL NO. 1152
BY JUDICIARY AND RULES COMMITTEE
1 AN ACT
2 RELATING TO CONDEMNATION; AMENDING SECTION 40-102, IDAHO CODE, TO REMOVE DEFI-
3 NITIONS FOR "AGENCY" AND "AVERAGE ANNUAL NET EARNINGS"; AMENDING SECTION
4 40-103, IDAHO CODE, TO REVISE A DEFINITION; AMENDING SECTION 40-105, IDAHO
5 CODE, TO REMOVE A DEFINITION FOR "DISPLACED PERSON"; AMENDING SECTION
6 40-312, IDAHO CODE, TO REVISE THE POWERS AND DUTIES OF THE IDAHO TRANSPOR-
7 TATION BOARD RELATING TO RULE PROMULGATION AND TO MAKE TECHNICAL CORREC-
8 TIONS; AMENDING SECTION 40-2001, IDAHO CODE, TO REDESIGNATE THE SECTION,
9 TO REVISE LEGISLATIVE FINDINGS AND TO DEFINE "DISPLACED PERSON"; AMENDING
10 SECTION 40-2002, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE TERMI-
11 NOLOGY AND TO PROVIDE A REFERENCE TO PUBLIC PROJECTS; AMENDING SECTION
12 40-2003, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE TERMINOLOGY;
13 AMENDING SECTION 40-2004, IDAHO CODE, TO REDESIGNATE THE SECTION, TO
14 REVISE TERMINOLOGY, TO DEFINE A TERM AND TO REVISE CODE REFERENCES; AMEND-
15 ING SECTION 40-2005, IDAHO CODE, TO REDESIGNATE THE SECTION, TO REVISE
16 TERMINOLOGY AND TO REVISE CODE REFERENCES; AMENDING SECTION 40-2006, IDAHO
17 CODE, TO REDESIGNATE THE SECTION AND TO REVISE TERMINOLOGY; AMENDING SEC-
18 TION 40-2007, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE TERMI-
19 NOLOGY; AMENDING SECTION 40-2008, IDAHO CODE, TO REDESIGNATE THE SECTION,
20 TO REVISE TERMINOLOGY AND TO REVISE A CODE REFERENCE; AMENDING SECTION
21 40-2009, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION 40-2010,
22 IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE TERMINOLOGY; AMENDING
23 SECTION 40-2011, IDAHO CODE, TO REDESIGNATE THE SECTION; AMENDING SECTION
24 40-2012, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE PROVISIONS
25 APPLICABLE TO THE FEDERAL UNIFORM RELOCATION ASSISTANCE ACT; AMENDING SEC-
26 TION 40-2013, IDAHO CODE, TO REDESIGNATE THE SECTION AND TO REVISE TERMI-
27 NOLOGY; REPEALING CHAPTER 20, TITLE 40, IDAHO CODE, RELATING TO HIGHWAY
28 RELOCATION ASSISTANCE; AND DECLARING AN EMERGENCY.
29 Be It Enacted by the Legislature of the State of Idaho:
30 SECTION 1. That Section 40-102, Idaho Code, be, and the same is hereby
31 amended to read as follows:
32 40-102. DEFINITIONS -- A.
33 (1) "Activities, commercial or industrial." (See "Unzoned commercial or
34 industrial areas," section 40-122, Idaho Code)
35 (2) "Advertising business, outdoor." (See "Outdoor advertising business,"
36 section 40-116, Idaho Code)
37 (3) "Advertising display" means advertising structures and signs.
38 (4) "Advertising structure(s)" or "structure(s)" or "sign(s)" means any
39 thing designed, intended or used to advertise or inform. "Advertising struc-
40 ture" or "sign" does not include:
41 (a) Official notices issued by any court or public body or officer.
42 (b) Notices posted by any public officer in performance of a public duty
43 or by any person in giving legal notice.
2
1 (c) Directional, warning or information structures required by or autho-
2 rized by law, informational or directional signs regarding telephone ser-
3 vice, emergency telephone signs, buried or underground cable markers and
4 above cable closures.
5 (d) An official or public structure erected near a city or county, and
6 within its territorial or zoning jurisdiction, which contains the name of
7 the city or county, provided the same is maintained wholly at public
8 expense. Where a city has been bypassed, but remains within five (5)
9 miles of an interstate highway or primary freeway, the Idaho transporta-
10 tion board, in its discretion, may grant the city the right to erect and
11 maintain a billboard displaying the name of the city at a location not to
12 exceed one (1) mile from an interchange primarily serving that city. Bill-
13 boards erected must be at locations consistent with department regulations
14 and safety standards.
15 (5) "Agency," as applied to highway relocation assistance as provided by
16 chapter 20, title 40, Idaho Code, means any subdivision or entity of state or
17 local government in the state of Idaho authorized by law to engage in any
18 highway program or perform any highway project in which the acquisition of
19 real property may result in the displacement of any person.
20 (6) "Areas, commercial or industrial, unzoned." (See "Unzoned commercial
21 or industrial areas," section 40-122, Idaho Code)
22 (76) "Areas, urban." (See "Urban areas," section 40-122, Idaho Code)
23 (87) "Automobile graveyard" means any establishment or place of business
24 which is maintained, used, or operated, for storing, keeping, buying, or sell-
25 ing wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle
26 parts.
27 (9) "Average annual net earnings," for the purposes of section 40-2004,
28 Idaho Code, mean one-half (1/2) of any net earnings of the business or farm
29 operations, before federal, state and local income taxes, during the two (2)
30 taxable years immediately preceding the taxable year in which the business or
31 farm operation moves from the real property acquired for the project, or dur-
32 ing any other period as the agency determines to be more equitable for estab-
33 lishing the earnings, and includes any compensation paid by the business or
34 farm operation to the owner, his spouse, or his dependents during the two (2)
35 year period, or any other period as determined by the agency.
36 SECTION 2. That Section 40-103, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 40-103. DEFINITIONS -- B.
39 (1) "Board" means the Idaho transportation board.
40 (2) "Business" means any lawful activity, excepting a farm operation,
41 conducted primarily for:
42 (a) Tthe purchase, resale, lease and rental of personal and real
43 property, and for;
44 (b) Tthe manufacture, processing or marketing of products, commodities,
45 or other personal property; for or
46 (c) Tthe sale of services to the public.; or solely for the purpose of
47 section 40-2004(1), Idaho Code, for assisting in the purchase, sale,
48 resale, manufacture, processing, or marketing of products, commodities,
49 personal property, or services by the erection and maintenance of an out-
50 door advertising display or displays, whether or not displays are located
51 on the premises on which any of the activities are conducted.
52 SECTION 3. That Section 40-105, Idaho Code, be, and the same is hereby
3
1 amended to read as follows:
2 40-105. DEFINITIONS -- D.
3 (1) "Department" means the Idaho transportation department.
4 (2) "Director" means the director of the Idaho transportation department.
5 (3) "Displaced person" means any individual, family, business or farm
6 operation which moves from real property or moves personal property from real
7 property acquired for a program or project of a state or local agency, in
8 whole or in part, or as the result of a written order of an acquiring agency
9 to vacate real property for a program or project of a state or local agency,
10 and, solely for the purposes of section 40-2004, Idaho Code, as a result of a
11 written order of an acquiring agency to vacate other real property, on which a
12 person conducts a business or farm operation, for a program or project of any
13 state or local agency.
14 (4) "Dump" means any place or area, not operated as a business, where
15 junk is deposited, stored or kept.
16 SECTION 4. That Section 40-312, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 40-312. POWERS AND DUTIES -- RULES. AND REGULATIONS. The board shall:
19 (1) Prescribe rules and regulations affecting state highways and turnpike
20 projects, and enforce compliance with those rules. and regulations.
21 (2) Establish rules and regulations for the expenditure of all moneys
22 appropriated or allotted by law to the department or the board. The board
23 shall cooperate with the counties and highway districts in the expenditure of
24 funds and shall establish a uniform system of accounting in the expenditure of
25 moneys and a uniform method for allocation of funds, by counties and highway
26 districts as shall be necessary in the construction and maintenance of high-
27 ways by counties and districts in cooperation with the state and the United
28 States, or either, but the initiatory power of expenditure of any of those
29 moneys shall rest with the county or district in which expenditure of the
30 moneys mentioned is to be made.
31 (3) Make reasonable regulations rules for the installation, construction,
32 maintenance, repair, renewal and relocation of facilities of any utility or
33 communication transmitting entity, in, on, along, over, across, through or
34 under any project on the federal-aid primary or secondary systems or on the
35 interstate system, including extensions within urban areas. Whenever the board
36 shall determine, after notice and opportunity for hearing, that it is neces-
37 sary that any facilities which now are, or hereafter may be, located in, on,
38 along, over, across, through or under any federal-aid primary or secondary
39 system or on the interstate system, including extensions within urban areas,
40 should be relocated, the utility owning or operating the facilities shall
41 relocate them in accordance with the order of the board. In case of any relo-
42 cation of facilities, the utility owning or operating the facilities, its suc-
43 cessors or assigns, may maintain and operate the facilities, with the neces-
44 sary appurtenances, in the new location or locations.
45 (4) Prescribe and enforce regulations rules for the erection and mainte-
46 nance of advertising structures permitted by sections 40-1909, 40-1913, and
47 40-1914, Idaho Code, designed to protect the safety of the users of the high-
48 way and otherwise to achieve the objectives set forth in section 40-1903,
49 Idaho Code, and consistent with the national policy set forth in 23 U.S.C.
50 section 131, title 23, United States Code, and the national standards promul-
51 gated by the secretary of transportation. The board shall not prescribe or
52 enforce rules or regulations that are more restrictive than those authorized
4
1 under 23 U.S.C. section 131, title 23, United States Code. Proceedings for
2 review of any action taken by the board pursuant to this section shall be
3 instituted under the provisions of chapter 52, title 67, Idaho Code.
4 (5) Prescribe rules and regulations to implement the provisions of chap-
5 ter 20, title 40, Idaho Code, and other rules and regulations relating to
6 relocation assistance as may be necessary under existing federal laws and
7 rules and regulations promulgated thereunder. Rules and regulations shall
8 include provisions relating to:
9 (a) Standards for decent, safe and sanitary dwellings;
10 (b) Eligibility of displaced persons for relocation assistance payments,
11 procedural methods whereby persons may make application for and claim pay-
12 ments and the amounts of them; and
13 (c) Other rules and regulations consistent with the provisions of chapter
14 20, title 40, Idaho Code, as are considered necessary or appropriate to
15 carry out the provisions of that chapter.
16 (6) Establish by rule a statewide comprehensive plan for public transpor-
17 tation.
18 (6) Prescribe rules and regulations to encourage the use of recycled
19 materials in highway construction and repair projects.
20 SECTION 5. That Section 40-2001, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 40-2001 7-722. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS --
23 LEGISLATIVE FINDING -- DEFINITION. (1) The legislature finds and declares
24 that the prompt and equitable relocation and reestablishment of persons, fami-
25 lies, businesses, farmers, and nonprofit organizations displaced as a result
26 of any state or local governmental program or project necessitating condemna-
27 tion is a necessary purpose, is a cost of those programs and projects and is a
28 public purpose. In order to insure that individuals do not suffer dispropor-
29 tionate injuries as a result of programs designed for the benefit of the pub-
30 lic as a whole the legislature declares that relocation payments and reloca-
31 tion advisory assistance shall be provided to all persons so displaced in
32 accordance with the terms and provisions of this chapter. and rules promul-
33 gated by the board.
34 (2) The legislature finds and declares that rent supplement or purchase
35 assistance payments to tenants and relocation payments to owner-occupants,
36 businesses, and farmers in accordance with the provisions of this chapter are
37 a public purpose and are necessary to enable all displaced persons to obtain
38 decent, safe, and sanitary dwellings. The legislature further declares the
39 provisions of this chapter section and sections 7-723 through 7-734, Idaho
40 Code, may be applicable applied to all programs.
41 (3) As used in this section and sections 7-723 through 7-734, Idaho Code,
42 "displaced person" means any individual, family, business or farm operation
43 which moves from real property or moves personal property from real property
44 acquired for a public program or project, in whole or in part, or as the
45 result of a written order of a condemnor to vacate real property for a public
46 program or project, and, solely for the purposes of section 7-725, Idaho Code,
47 as a result of a written order of a condemnor to vacate other real property,
48 on which a person conducts a business or farm operation, for a public program
49 or project.
50 SECTION 6. That Section 40-2002, Idaho Code, be, and the same is hereby
51 amended to read as follows:
5
1 40-2002 7-723. RELOCATION ADVISORY ASSISTANCE. Any agency condemnor is
2 authorized, as a part of the cost of any program or project, to give reloca-
3 tion advisory assistance to any individual, family, business or farm operation
4 displaced because of the acquisition of real property for any public project.
5 If any agency condemnor determines that any person occupying property immedi-
6 ately adjacent to the real property acquired has been caused substantial eco-
7 nomic injury because of the acquisition, it shall offer him relocation advi-
8 sory services.
9 SECTION 7. That Section 40-2003, Idaho Code, be, and the same is hereby
10 amended to read as follows:
11 40-2003 7-724. LOCAL RELOCATION ADVISORY ASSISTANCE OFFICES. Any agency
12 condemnor may, as a part of the cost of any public program or project, estab-
13 lish a local relocation advisory assistance office or agency to assist in
14 obtaining relocation facilities for individuals, families and businesses which
15 must relocate because of the acquisition of right-of-way for any project.
16 SECTION 8. That Section 40-2004, Idaho Code, be, and the same is hereby
17 amended to read as follows:
18 40-2004 7-725. RELOCATION EXPENSE -- COMPENSATION OPTIONS -- LIMIT OF
19 COMPENSATION FOR BUSINESS OR FARM RELOCATIONS. (1) As a part of the cost of
20 any public program or project, any agency condemnor using any funds for public
21 purposes shall compensate a displaced person for his actual and reasonable
22 expense in moving himself, family, business or farm operation, including
23 moving personal property, and for any actual direct losses of tangible per-
24 sonal property as the result of moving or discontinuing a business or farm
25 operation, but not to exceed an amount equal to the reasonable expenses that
26 would have been required to relocate the property, as determined by the agency
27 condemnor, and for actual reasonable expenses in searching for a replacement
28 business or farm. However, the compensation authorized by this section for
29 actual and reasonable moving expenses, actual direct losses of tangible per-
30 sonal property, and expenses in searching for a replacement farm or business
31 shall be limited to relocating a displaced person, family, business or farm
32 operation within a reasonable distance from the location previously occupied
33 and from which the displaced person has been required to move.
34 (2) Any displaced person who moves from a dwelling who elects to accept
35 the payments authorized by this subsection in lieu of the payments authorized
36 by subsection (1) of this section shall receive a moving expense allowance,
37 determined according to regulations and schedules established by the agency
38 condemnor, not to exceed three hundred dollars ($300), and in addition a dis-
39 location allowance of two hundred dollars ($200).
40 (3) Any displaced person who moves or discontinues his business or farm
41 operation who elects to accept the payment authorized by this subsection in
42 lieu of the payment authorized by subsection (1) of this section, shall
43 receive a fixed relocation payment in an amount equal to the average annual
44 net earnings of the business or farm operation, except that the payment shall
45 not be less than two thousand five hundred dollars ($2,500) nor more than ten
46 thousand dollars ($10,000). In the case of a business, no payment shall be
47 made under this subsection unless the agency condemnor is satisfied that the
48 business cannot be relocated without a substantial loss of patronage, and is
49 not a part of a commercial enterprise having at least one (1) other establish-
50 ment not being acquired which is engaged in the same or similar business. In
51 addition to the other requirements of this chapter, to be eligible for the
6
1 payment authorized by this subsection the business or farm operation must make
2 its financial statements, accounting records, and state income tax returns
3 available to the agency condemnor for audit for confidential use in determin-
4 ing the payment or payments authorized by this subsection. Such financial
5 statements, accounting records and state income tax returns shall be subject
6 to disclosure according to chapter 3, title 9, Idaho Code. As used in this
7 section, "average annual net earnings" means one-half (1/2) of any net earn-
8 ings of the business or farm operations, before federal, state and local
9 income taxes, during the two (2) taxable years immediately preceding the tax-
10 able year in which the business or farm operation moves from the real property
11 acquired for the project, or during any other period as the condemnor deter-
12 mines to be more equitable for establishing the earnings, and includes any
13 compensation paid by the business or farm operation to the owner, his spouse,
14 or his dependents during the two (2) year period, or any other period as
15 determined by the condemnor.
16 (4) If any agency condemnor determines that property, contiguous with
17 property acquired, owned or occupied by an individual, family, business or
18 farm operation, has been damaged as the result of a public program or project,
19 it shall offer the individual, family, business or farm operation the same
20 compensation as it might offer to a displaced person under subsection (1), (2)
21 or (3) of this section and under sections 40-2005 7-726 and 40-2007 7-728,
22 Idaho Code.
23 SECTION 9. That Section 40-2005, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 40-2005 7-726. PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE
26 OR DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT. (1) In addition to the pay-
27 ments authorized by section 40-2004 7-725, Idaho Code, an agency condemnor
28 shall make a payment to the owner of a dwelling, provided the dwelling has
29 been owned and occupied by the owner for at least one hundred eighty (180)
30 days prior to the first written offer for the acquisition of the property. The
31 payment shall not exceed fifteen thousand dollars ($15,000) and shall be the
32 amount, which, when added to the acquisition payment, equals the reasonable
33 cost required for a comparable dwelling determined in accordance with stan-
34 dards established by the agency condemnor to be suitable to accommodate the
35 displaced owner. The payment shall be made only to a displaced owner who pur-
36 chases and occupies a dwelling that meets standards established by the agency
37 condemnor, not later than the end of a one (1) year period beginning on the
38 date on which he received final payment of all costs of the acquired dwelling,
39 or on the date on which he moves from the acquired dwelling, whichever is the
40 later date. Payment under this subsection will include an amount which will
41 compensate the displaced person for any increased interest costs which the
42 person is required to pay for financing the acquisition of any comparable
43 replacement dwelling. This amount will be paid only if the dwelling acquired
44 by the agency condemnor was encumbered by a mortgage which was a valid lien on
45 the dwelling for not less than one hundred eighty (180) days prior to the
46 first written offer for the acquisition of the dwelling. The amount shall be
47 equal to the excess in the aggregate interest and other debt service costs of
48 that amount of the principal of the mortgage on the replacement dwelling which
49 is equal to the unpaid balance of the mortgage on the acquired dwelling, over
50 the remainder term of the mortgage on the acquired dwelling, reduced to dis-
51 counted current value. The discounted rate shall be the prevailing interest
52 rate paid on savings deposits by commercial banks in the general area in which
53 the replacement dwelling is located. This amount shall also include reasonable
7
1 expenses incurred by the displaced person for evidence of title, recording
2 fees, and other closing costs incident to the purchase of the replacement
3 dwelling, but shall not include prepaid expenses.
4 (2) In addition to the payments authorized by section 40-2004 7-725,
5 Idaho Code, any agency condemnor shall make a payment to any individual or
6 family displaced from any dwelling not eligible to receive a payment under
7 subsection (1) of this section, which dwelling was actually and lawfully occu-
8 pied by the individual or family for at least ninety (90) days prior to the
9 first written offer for the acquisition of the property. The payment, not to
10 exceed four thousand dollars ($4,000), shall be the additional amount which is
11 necessary to enable the individual or family to lease or rent for a period not
12 to exceed four (4) years, or to make a down payment, including reasonable
13 expenses incurred by the displaced person for evidence of title, recording
14 fees, and other closing costs incident to the purchase of a dwelling of stan-
15 dards adequate to accommodate the individual or family in areas not generally
16 less desirable in regard to public utilities and public and commercial facili-
17 ties, except that if the amount exceeds two thousand dollars ($2,000) the per-
18 son must equally match any payment in excess of two thousand dollars ($2,000),
19 in making the down payment.
20 SECTION 10. That Section 40-2006, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 40-2006 7-727. HOUSING REPLACEMENT AS LAST RESORT. (1) If any federally-
23 assisted program or project construction cannot commence because comparable
24 replacement sale or rental housing is not available, and the agency condemnor
25 determines that housing cannot otherwise be made available, it may take action
26 as is necessary or appropriate to provide housing by use of funds authorized
27 for the project.
28 (2) No displaced person shall be required to move from his dwelling on
29 account of any federally-assisted program or project, unless the agency con-
30 demnor is satisfied that replacement housing is available to the person,
31 within a reasonable period of time and at rents or prices within the financial
32 means of the families and individuals displaced, and reasonably accessible to
33 their places of employment.
34 SECTION 11. That Section 40-2007, Idaho Code, be, and the same is hereby
35 amended to read as follows:
36 40-2007 7-728. COMPENSATION FOR MISCELLANEOUS EXPENSES. In addition to
37 amounts authorized by this chapter, any agency condemnor as a part of the cost
38 of any public program or project, shall reimburse the owner of real property
39 acquired for a project for reasonable and necessary expenses incurred for:
40 (1) Recording fees, transfer taxes, and similar expenses incidental to
41 conveying the property;
42 (2) Penalty costs for prepayment of any mortgage entered into in good
43 faith encumbering the real property if the mortgage is on record or has been
44 filed for record under applicable state law on the date of final approval by
45 the agency condemnor of the location of the project; and
46 (3) The pro rata share or portion of ad valorem taxes paid which are
47 allocable to a period subsequent to the date of vesting of title in the state
48 or the effective date of possession of the real property by the agency condem-
49 nor, whichever is earlier.
50 SECTION 12. That Section 40-2008, Idaho Code, be, and the same is hereby
8
1 amended to read as follows:
2 40-2008 7-729. COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEM-
3 NATION PROCEEDINGS -- ADJUSTMENT AFTER JUDGMENT. In the event an acquisition
4 payment to an owner-occupant for a dwelling cannot be finally determined
5 because condemnation proceedings may become necessary or are pending against
6 the property, the replacement housing payment authorized by section 40-2005
7 7-726(1), Idaho Code, shall be made and computed as though the maximum offer
8 of the state or agency condemnor for the property is the actual acquisition
9 payment. In the event the final award and judgment rendered in the condemna-
10 tion proceedings exceeds the state's condemnor's highest offer, any difference
11 between the offer and the judgment shall be deducted from the replacement
12 housing payment, but in no event shall the judgment be reduced by more than
13 the amount of the replacement housing payment.
14 SECTION 13. That Section 40-2009, Idaho Code, be, and the same is hereby
15 amended to read as follows:
16 40-2009 7-730. RELOCATION PAYMENTS NOT INCOME. No payment received under
17 this chapter shall be considered as income for the purposes of the state per-
18 sonal income tax law or state corporation tax law, nor shall the payments be
19 considered as income or resources to any recipient of public assistance and
20 the payments shall not be deducted from the amount of aid to which the recipi-
21 ent would otherwise be entitled under the state public assistance laws, nor
22 shall the payments be considered as income or resources for the purpose of
23 determining the eligibility or the extent of eligibility of any persons for
24 public assistance.
25 SECTION 14. That Section 40-2010, Idaho Code, be, and the same is hereby
26 amended to read as follows:
27 40-2010 7-731. REVIEW OF DETERMINATIONS. Any displaced person aggrieved
28 by a determination as to the eligibility for a payment authorized by this
29 chapter, or the amount of the payment, may have his application reviewed. Pro-
30 ceedings for review of any action taken by the agency condemnor pursuant to
31 this section shall be instituted under the provisions of chapter 52, title 67,
32 Idaho Code.
33 SECTION 15. That Section 40-2011, Idaho Code, be, and the same is hereby
34 amended to read as follows:
35 40-2011 7-732. EMINENT DOMAIN DAMAGES UNAFFECTED. Nothing contained in
36 this chapter shall be construed as creating, in any condemnation proceedings
37 brought under the power of eminent domain, any element of damages not in exis-
38 tence under the laws of the state of Idaho on July 1, 1985.
39 SECTION 16. That Section 40-2012, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 40-2012 7-733. FEDERAL UNIFORM RELOCATION ASSISTANCE ACT. (1) Regardless
42 of any of the other provisions of title 40, chapter 20, Idaho Code Notwith-
43 standing any other provision of law, when any department, agency or instrumen-
44 tality of the state, or any county, municipality, or other political subdivi-
45 sion, or any other public or private entity undertakes any project or activity
46 subject to the provisions of the federal uniform relocation assistance and
9
1 real property acquisition policies act of 1970, as amended, public laws
2 91-646, and 100-17, title IV (hereinafter the federal uniform relocation act)
3 which results in the acquisition of real property or in any person or persons
4 being displaced from their homes, businesses, or farms, such state department,
5 agency or instrumentality, county, municipality or other political subdivi-
6 sion, or other public or private entity is hereby authorized to provide relo-
7 cation assistance, and to make relocation payments to such displaced person
8 and to do such other acts and follow such procedures and practices as may be
9 necessary to comply with the provisions of the federal uniform relocation act.
10 (2) Any payment made or to be made under the authority granted herein
11 shall be for compensating or reimbursing the displaced person or owner of real
12 property in accordance with the requirements of the federal uniform relocation
13 act and such payments shall not for any purpose be deemed or considered com-
14 pensation for real property acquired or compensation for damages to remaining
15 property.
16 (3) The Idaho transportation department is authorized to issue such regu-
17 lations and procedures as it determines to be necessary or appropriate to
18 carry out the provisions of this chapter.
19 SECTION 17. That Section 40-2013, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 40-2013 7-734. COSTS AND ATTORNEY'S FEES. Any moving and relocation costs
22 which will accrue as a result of a condemnation undertaken pursuant to chapter
23 7, title 7, Idaho Code, or pursuant to this chapter, shall be paid by the
24 condemner condemnor as required by law. If such costs are not paid by the
25 condemner condemnor, the owner of the property shall be awarded attorney's
26 fees and costs incurred to recover the same.
27 SECTION 18. That Chapter 20, Title 40, Idaho Code, be, and the same is
28 hereby repealed.
29 SECTION 19. An emergency existing therefor, which emergency is hereby
30 declared to exist, this act shall be in full force and effect on and after its
31 passage and approval.
STATEMENT OF PURPOSE
RS14818C1
The purpose of this revision to Idaho Code is to move the
existing "Highway Relocation Assistance" section of the code,
which is applicable to eminent domain, to the "Eminent Domain"
section of the code. Currently, when property is acquired via
eminent domain for a highway, displaced individuals receive
relocation assistance from the condemnor. However, when property
is condemned for purposes other than highways, relocation
assistance is not provided under the current statute. This
change will ensure that all Idaho citizens who are displaced via
eminent domain receive equal relocation assistance, regardless of
the entity which is condemning their property or the purpose of
the taking. Most takings do not require relocation; without this
change, however, some citizens who lose their homes via eminent
domain and do have to relocate are forced to pay their moving
expenses out of pocket, while others receive relocation
assistance. This legislation allows relocation assistance to all
citizens displaced by eminent domain.
FISCAL IMPACT
No fiscal impact to the general fund. There may be a minimal
fiscal impact to entities who do not currently provide relocation
assistance when displacing citizens via eminent domain.
Contact:
Name: Senator Gerry Sweet
Phone: 332-1355
Name: Senator Mike Jorgenson
Phone: 332-1346
Name: Representative Cliff Bayer
Phone: 332-1000
Name: Heather Cunningham
Phone: 342-3658
STATEMENT OF PURPOSE / FISCAL IMPACT S 1152