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H0408......................................................by STATE AFFAIRS
EMINENT DOMAIN - Adds to and amends existing law to provide that the right
of eminent domain may be exercised on behalf of a public use; to provide
that conveyance of a condemned property or an interest in a condemned
property to a private party shall not be a public use; to provide
application; to further define the terms "deteriorated area" and
"deteriorating area"; to provide procedures for acquisition of property
within a deteriorated area; to provide procedures for acquisition of
property located within adjoining areas; to limit eminent domain powers of
a county-based intermodal commerce authority; and to provide that no
governing body shall delegate the power of eminent domain to an intermodal
commerce authority nor shall a governing body exercise the power of eminent
domain on behalf of any intermodal commerce authority on behalf of any
project of an intermodal commerce authority.
01/18 House intro - 1st rdg - to printing
01/19 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 408
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO EMINENT DOMAIN; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE
3 ADDITION OF A NEW SECTION 7-701A, IDAHO CODE, TO PROVIDE THAT THE RIGHT OF
4 EMINENT DOMAIN MAY BE EXERCISED ON BEHALF OF A PUBLIC USE, TO PROVIDE THAT
5 CONVEYANCE OF A CONDEMNED PROPERTY OR AN INTEREST IN A CONDEMNED PROPERTY
6 TO A PRIVATE PARTY SHALL NOT BE A PUBLIC USE AND TO PROVIDE APPLICATION;
7 AMENDING SECTION 50-2018, IDAHO CODE, TO FURTHER DEFINE THE TERMS
8 "DETERIORATED AREA" AND "DETERIORATING AREA" AND TO MAKE TECHNICAL CORREC-
9 TIONS; AMENDING CHAPTER 20, TITLE 50, IDAHO CODE, BY THE ADDITION OF A NEW
10 SECTION 50-2002A, IDAHO CODE, TO PROVIDE PROCEDURES FOR ACQUISITION OF
11 PROPERTY WITHIN A DETERIORATED AREA; AMENDING CHAPTER 29, TITLE 50, IDAHO
12 CODE, BY THE ADDITION OF A NEW SECTION 50-2902A, IDAHO CODE, TO PROVIDE
13 FOR ACQUISITION OF PROPERTY LOCATED WITHIN ADJOINING AREAS; AMENDING SEC-
14 TION 50-2903, IDAHO CODE, TO FURTHER DEFINE THE TERM "DETERIORATED AREA";
15 AMENDING SECTION 70-2206, IDAHO CODE, TO LIMIT EMINENT DOMAIN POWERS OF A
16 COUNTY-BASED INTERMODAL COMMERCE AUTHORITY; AND AMENDING SECTION 70-2208,
17 IDAHO CODE, TO PROVIDE THAT NO GOVERNING BODY SHALL DELEGATE THE POWER OF
18 EMINENT DOMAIN TO AN INTERMODAL COMMERCE AUTHORITY NOR SHALL A GOVERNING
19 BODY EXERCISE THE POWER OF EMINENT DOMAIN ON BEHALF OF ANY INTERMODAL COM-
20 MERCE AUTHORITY ON BEHALF OF ANY PROJECT OF AN INTERMODAL COMMERCE
21 AUTHORITY.
22 Be It Enacted by the Legislature of the State of Idaho:
23 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is
24 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
25 ignated as Section 7-701A, Idaho Code, and to read as follows:
26 7-701A. PUBLIC USE. (1) As provided in section 7-701, Idaho Code, the
27 right of eminent domain may be exercised on behalf of a public use. Conveyance
28 of a condemned property or an interest in a condemned property to a private
29 party shall not be a public use.
30 (2) This section shall not apply, however, to the condemnation of:
31 (a) Property located within a deteriorated area as defined in section
32 50-2903(8), Idaho Code;
33 (b) Property located within an urban renewal area and deteriorated as
34 defined in section 50-2018(h), Idaho Code;
35 (c) Property located within a slum as defined in section 50-1903(h),
36 Idaho Code.
37 (3) This section does not affect the authority of a governmental entity
38 to condemn a leasehold estate on property owned by the governmental entity.
39 (4) The determination by the governmental or private entity proposing to
40 take the property that the taking does not involve an act or circumstance pro-
41 hibited by subsections (1) or (2) of this section does not create a presump-
42 tion with respect to whether the taking involves that act or circumstance.
2
1 SECTION 2. That Section 50-2018, Idaho Code, be, and the same is hereby
2 amended to read as follows:
3 50-2018. DEFINITIONS. The following terms wherever used or referred to in
4 this chapter, shall have the following meanings, unless a different meaning is
5 clearly indicated by the context:
6 (a) "Agency" or "urban renewal agency" shall mean a public agency created
7 by section 50-2006, Idaho Code.
8 (b) "Municipality" shall mean any incorporated city or town, or county in
9 the state.
10 (c) "Public body" shall mean the state or any municipality, township,
11 board, commission, authority, district, or any other subdivision or public
12 body of the state.
13 (d) "Local governing body" shall mean the council or other legislative
14 body charged with governing the municipality.
15 (e) "Mayor" shall mean the mayor of a municipality or other officer or
16 body having the duties customarily imposed upon the executive head of a munic-
17 ipality.
18 (f) "Clerk" shall mean the clerk or other official of the municipality
19 who is the custodian of the official records of such municipality.
20 (g) "Federal government" shall include the United States of America or
21 any agency or instrumentality, corporate or otherwise, of the United States of
22 America.
23 (h) "Deteriorated area" and "deteriorating area" shall mean an area in
24 which each of the following qualifications are met:
25 (1) Tthere is a predominance of buildings or improvements, whether resi-
26 dential or nonresidential, which by reason of dilapidation, deterioration,
27 age or obsolescence, inadequate provision for ventilation, light, air,
28 sanitation, or open spaces, high density of population and or overcrowd-
29 ing, or the existence of conditions which unreasonably endangers life or
30 property by fire;
31 (2) and other causes, or any combination of such factors iIs conducive to
32 ill health, transmission of disease, infant mortality, juvenile delin-
33 quency, or crime,; and
34 (3) Iis detrimental to the public health, safety, morals or welfare.
35 (i) "Deteriorating area" shall mean an area which by reason of the pres-
36 ence of a substantial number of deteriorated or deteriorating structures, pre-
37 dominance of defective or inadequate street layout, faulty lot layout in rela-
38 tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
39 ditions, deterioration of site or other improvements, diversity of ownership,
40 tax or special assessment delinquency exceeding the fair value of the land,
41 defective or unusual conditions of title, or the existence of conditions which
42 endanger life or property by fire and other causes, or any combination of such
43 factors, substantially impairs or arrests the sound growth of a municipality,
44 retards the provision of housing accommodations or constitutes an economic or
45 social liability and is a menace to the public health, safety, morals or wel-
46 fare in its present condition and use; provided, that if such deteriorating
47 area consists of open land the conditions contained in the proviso in section
48 50-2008(d), Idaho Code, shall apply; and provided further, that any disaster
49 area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
50 orating area.
51 (j) "Urban renewal project" may include undertakings and activities of a
52 municipality in an urban renewal area for the elimination of deteriorated or
53 deteriorating areas and for the prevention of the development or spread of
54 slums and blight, and may involve slum clearance and redevelopment in an urban
3
1 renewal area, or rehabilitation or conservation in an urban renewal area, or
2 any combination or part thereof in accordance with an urban renewal plan. Such
3 undertakings and activities may include:
4 (1) acquisition of a deteriorated area or a deteriorating area or portion
5 thereof;
6 (2) demolition and removal of buildings and improvements;
7 (3) installation, construction, or reconstruction of streets, utilities,
8 parks, playgrounds, off-street parking facilities, public facilities or
9 buildings and other improvements necessary for carrying out in the urban
10 renewal area the urban renewal objectives of this chapter in accordance
11 with the urban renewal plan;
12 (4) disposition of any property acquired in the urban renewal area,
13 including sale, initial leasing or retention by the agency itself, at its
14 fair value for uses in accordance with the urban renewal plan except for
15 disposition of property to another public body;
16 (5) carrying out plans for a program of voluntary or compulsory repair
17 and rehabilitation of buildings or other improvements in accordance with
18 the urban renewal plan;
19 (6) acquisition of real property in the urban renewal area which, under
20 the urban renewal plan, is to be repaired or rehabilitated for dwelling
21 use or related facilities, repair or rehabilitation of the structures for
22 guidance purposes, and resale of the property;
23 (7) acquisition of any other real property in the urban renewal area
24 where necessary to eliminate unhealthful, insanitary or unsafe conditions,
25 lessen density, eliminate obsolete or other uses detrimental to the public
26 welfare, or otherwise to remove or to prevent the spread of blight or
27 deterioration, or to provide land for needed public facilities;
28 (8) lending or investing federal funds; and
29 (9) construction of foundations, platforms and other like structural
30 forms.
31 (kj) "Urban renewal area" means a deteriorated area or a deteriorating
32 area or a combination thereof which the local governing body designates as
33 appropriate for an urban renewal project.
34 (lk) "Urban renewal plan" means a plan, as it exists from time to time,
35 for an urban renewal project, which plan: (1) shall conform to the general
36 plan for the municipality as a whole except as provided in section 50-2008(g),
37 Idaho Code; and (2) shall be sufficiently complete to indicate such land
38 acquisition, demolition and removal of structures, redevelopment, improve-
39 ments, and rehabilitation as may be proposed to be carried out in the urban
40 renewal area, zoning and planning changes, if any, land uses, maximum densi-
41 ties, building requirements, and any method or methods of financing such plan,
42 which methods may include revenue allocation financing provisions.
43 (ml) "Related activities" shall mean: (1) planning work for the prepara-
44 tion or completion of a community-wide plan or program pursuant to section
45 50-2009, Idaho Code; and (2) the functions related to the acquisition and dis-
46 posal of real property pursuant to section 50-2007(d), Idaho Code.
47 (nm) "Real property" shall include all lands, including improvements and
48 fixtures thereon, and property of any nature appurtenant thereto, or used in
49 connection therewith, and every estate, interest, right and use, legal or
50 equitable, therein, including terms for years and liens by way of judgment,
51 mortgage or otherwise.
52 (on) "Bonds" shall mean any bonds, including refunding bonds, notes,
53 interim certificates, certificates of indebtedness, debentures or other obli-
54 gations.
55 (po) "Obligee" shall include any bondholder, agents or trustees for any
4
1 bondholders, or lessor demising to the municipality property used in connec-
2 tion with urban renewal, or any assignee or assignees of such lessor's inter-
3 est or any part thereof, and the federal government when it is a party to any
4 contract with the municipality.
5 (qp) "Person" shall mean any individual, firm, partnership, corporation,
6 company, association, joint stock association, or body politic; and shall
7 include any trustee, receiver, assignee, or other person acting in a similar
8 representative capacity.
9 (rq) "Area of operation" shall mean the area within the corporate limits
10 of the municipality and the area within five (5) miles of such limits, except
11 that it shall not include any area which lies within the territorial bound-
12 aries of another incorporated city or town or within the unincorporated area
13 of the county unless a resolution shall have been adopted by the governing
14 body of such other city, town or county declaring a need therefor.
15 (sr) "Board" or "commission" shall mean a board, commission, department,
16 division, office, body or other unit of the municipality.
17 (ts) "Public officer" shall mean any officer who is in charge of any
18 department or branch of the government of the municipality relating to health,
19 fire, building regulations, or to other activities concerning dwellings in the
20 municipality.
21 SECTION 3. That Chapter 20, Title 50, Idaho Code, be, and the same is
22 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
23 ignated as Section 50-2002A, Idaho Code, and to read as follows:
24 50-2002A. ACQUISITION OF PROPERTY WITHIN A DETERIORATED AREA. No munici-
25 pality, local governing body, or agency within the meaning of this chapter
26 shall acquire through exercise of the power of eminent domain, private prop-
27 erty located within a deteriorated area, deteriorating area or any other urban
28 renewal area for any purpose authorized under this chapter without the consent
29 of the owner of that property absent proof by clear and convincing evidence in
30 a proceeding pursuant to chapter 7, title 7, Idaho Code, that the individual
31 property sought to be taken through exercise of eminent domain is itself in
32 such condition by reason of dilapidation, deterioration, or age that it endan-
33 gers life or property by fire or other causes, or otherwise is detrimental to
34 the public health, safety, morals or welfare because it is conducive to ill
35 health, transmission of disease, infant mortality, juvenile delinquency or
36 crime.
37 SECTION 4. That Chapter 20, Title 50, Idaho Code, be, and the same is
38 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
39 ignated as Section 50-2902A, Idaho Code, and to read as follows:
40 50-2902A. ACQUISITION OF PROPERTY LOCATED WITHIN ADJOINING AREAS. No
41 municipality, local governing body, or agency within the meaning of this chap-
42 ter shall acquire through exercise of the power of eminent domain, private
43 property located within a competitively disadvantaged border community area,
44 deteriorated area or urban renewal area for any purpose authorized under this
45 chapter without the consent of the owner of that property absent proof by
46 clear and convincing evidence in a proceeding pursuant to chapter 7, title 7,
47 Idaho Code, that the individual property sought to be taken through exercise
48 of eminent domain is itself in such condition by reason of dilapidation, dete-
49 rioration or age that it endangers life or property by fire or other causes,
50 or otherwise is detrimental to the public health, safety, morals or welfare
51 because it is conducive to ill health, transmission of disease, infant mortal-
5
1 ity, juvenile delinquency or crime.
2 SECTION 5. That Section 50-2903, Idaho Code, be, and the same is hereby
3 amended to read as follows:
4 50-2903. DEFINITIONS. The following terms used in this chapter shall have
5 the following meanings, unless the context otherwise requires:
6 (1) "Act" or "this act" means this revenue allocation act.
7 (2) "Agency" or "urban renewal agency" means a public body created pursu-
8 ant to section 50-2006, Idaho Code.
9 (3) "Authorized municipality" or "municipality" means any county or
10 incorporated city which has established an urban renewal agency, or by ordi-
11 nance has identified and created a competitively disadvantaged border commu-
12 nity.
13 (4) "Base assessment roll" means the equalized assessment rolls, for all
14 classes of taxable property, on January 1 of the year in which the local gov-
15 erning body of an authorized municipality passes an ordinance adopting or mod-
16 ifying an urban renewal plan containing a revenue allocation financing provi-
17 sion, except that the base assessment roll shall be adjusted as follows: the
18 equalized assessment valuation of the taxable property in a revenue allocation
19 area as shown upon the base assessment roll shall be reduced by the amount by
20 which the equalized assessed valuation as shown on the base assessment roll
21 exceeds the current equalized assessed valuation of any taxable property
22 located in the revenue allocation area, and by the equalized assessed valua-
23 tion of taxable property in such revenue allocation area that becomes exempt
24 from taxation subsequent to the date of the base assessment roll. The equal-
25 ized assessed valuation of the taxable property in a revenue allocation area
26 as shown on the base assessment roll shall be increased by the equalized
27 assessed valuation, as of the date of the base assessment roll, of taxable
28 property in such revenue allocation area that becomes taxable after the date
29 of the base assessment roll.
30 (5) "Budget" means an annual estimate of revenues and expenses for the
31 following fiscal year of the agency. An agency shall, by September 1 of each
32 calendar year, adopt and publish, as described in section 50-1002, Idaho Code,
33 a budget for the next fiscal year. An agency may amend its adopted budget
34 using the same procedures as used for adoption of the budget. For the fiscal
35 year that immediately predates the termination date for an urban renewal plan
36 involving a revenue allocation area or will include the termination date, the
37 agency shall adopt and publish a budget specifically for the projected reve-
38 nues and expenses of the plan and make a determination as to whether the reve-
39 nue allocation area can be terminated before the January 1 of the termination
40 year pursuant to the terms of section 50-2909(4), Idaho Code. In the event
41 that the agency determines that current tax year revenues are sufficient to
42 cover all estimated expenses for the current year and all future years, by
43 September 1 the agency shall adopt a resolution advising and notifying the
44 local governing body, the county auditor, and the state tax commission and
45 recommending the adoption of an ordinance for termination of the revenue allo-
46 cation area by December 31 of the current year and declaring a surplus to be
47 distributed as described in section 50-2909, Idaho Code, should a surplus be
48 determined to exist. The agency shall cause the ordinance to be filed with the
49 office of the county recorder and the Idaho state tax commission as provided
50 in section 63-215, Idaho Code. Upon notification of revenues sufficient to
51 cover expenses as provided herein, the increment value of that revenue alloca-
52 tion area shall be included in the net taxable value of the appropriate taxing
53 districts when calculating the subsequent property tax levies pursuant to sec-
6
1 tion 63-803, Idaho Code. The increment value shall also be included in subse-
2 quent notification of taxable value for each taxing district pursuant to sec-
3 tion 63-1312, Idaho Code, and subsequent certification of actual and adjusted
4 market values for each school district pursuant to section 63-315, Idaho Code.
5 (6) "Clerk" means the clerk of the municipality.
6 (7) "Competitively disadvantaged border community area" means a parcel of
7 land consisting of at least forty (40) acres which is situated within the
8 jurisdiction of a county or an incorporated city and within twenty-five (25)
9 miles of a state or international border, which the governing body of such
10 county or incorporated city has determined by ordinance is disadvantaged in
11 its ability to attract business, private investment, or commercial develop-
12 ment, as a result of a competitive advantage in the adjacent state or nation
13 resulting from inequities or disparities in comparative sales taxes, income
14 taxes, property taxes, population or unique geographic features.
15 (8) "Deteriorated area" shall means: an area in which each of the follow-
16 ing qualifications are met:
17 (a) There is a predominance of buildings or improvements, whether resi-
18 dential or nonresidential, which by reason of dilapidation, deterioration
19 or overcrowding, unreasonably endangers life or property by fire;
20 (b) Is conducive to ill health, transmission of disease, infant mortal-
21 ity, juvenile delinquency or crime; and
22 (c) Is detrimental to the public health, safety, morals or welfare.
23 (a) Any area, including a slum area, in which there is a predominance of
24 buildings or improvements, whether residential or nonresidential, which by
25 reason of dilapidation, deterioration, age or obsolescence, inadequate
26 provision for ventilation, light, air, sanitation, or open spaces, high
27 density of population and overcrowding, or the existence of conditions
28 which endanger life or property by fire and other causes, or any combina-
29 tion of such factors, is conducive to ill health, transmission of disease,
30 infant mortality, juvenile delinquency, or crime, and is detrimental to
31 the public health, safety, morals or welfare.
32 (b) Any area which by reason of the presence of a substantial number of
33 deteriorated or deteriorating structures, predominance of defective or
34 inadequate street layout, faulty lot layout in relation to size, adequacy,
35 accessibility or usefulness, insanitary or unsafe conditions, deteriora-
36 tion of site or other improvements, diversity of ownership, tax or special
37 assessment delinquency exceeding the fair value of the land, defective or
38 unusual conditions of title, or the existence of conditions which endanger
39 life or property by fire and other causes, or any combination of such fac-
40 tors, results in economic underdevelopment of the area, substantially
41 impairs or arrests the sound growth of a municipality, retards the provi-
42 sion of housing accommodations or constitutes an economic or social lia-
43 bility and is a menace to the public health, safety, morals or welfare in
44 its present condition and use.
45 (c) Any area which is predominately open and which because of obsolete
46 platting, diversity of ownership, deterioration of structures or improve-
47 ments, or otherwise, results in economic underdevelopment of the area or
48 substantially impairs or arrests the sound growth of a municipality. The
49 provisions of section 50-2008(d), Idaho Code, shall apply to open areas.
50 (d) Any area which the local governing body certifies is in need of rede-
51 velopment or rehabilitation as a result of a flood, storm, earthquake, or
52 other natural disaster or catastrophe respecting which the governor of the
53 state has certified the need for disaster assistance under any federal
54 law.
55 (e) Any area which by reason of its proximity to the border of an adja-
7
1 cent state is competitively disadvantaged in its ability to attract pri-
2 vate investment, business or commercial development which would promote
3 the purposes of this chapter.
4 (9) "Facilities" means land, rights in land, buildings, structures,
5 machinery, landscaping, extension of utility services, approaches, roadways
6 and parking, handling and storage areas, and similar auxiliary and related
7 facilities.
8 (10) "Increment value" means the total value calculated by summing the
9 differences between the current equalized value of each taxable property in
10 the revenue allocation area and that property's current base value on the base
11 assessment roll, provided such difference is a positive value.
12 (11) "Local governing body" means the city council or board of county com-
13 missioners of a municipality.
14 (12) "Plan" or "urban renewal plan" means a plan, as it exists or may from
15 time to time be amended, prepared and approved pursuant to section 50-2008,
16 Idaho Code, and any method or methods of financing such plan, which methods
17 may include revenue allocation financing provisions.
18 (13) "Project" or "urban renewal project" or "competitively disadvantaged
19 border areas" may include undertakings and activities of a municipality in an
20 urban renewal area for the elimination of deteriorated or deteriorating areas
21 and for the prevention of the development or spread of slums and blight, and
22 may involve slum clearance and redevelopment in an urban renewal area, or
23 rehabilitation or conservation in an urban renewal area, or any combination or
24 part thereof in accordance with an urban renewal plan. Such undertakings and
25 activities may include:
26 (a) Acquisition of a deteriorated area or a deteriorating area or portion
27 thereof;
28 (b) Demolition and removal of buildings and improvement;
29 (c) Installation, construction, or reconstruction of streets, utilities,
30 parks, playgrounds, open space, off-street parking facilities, public
31 facilities, public recreation and entertainment facilities or buildings
32 and other improvements necessary for carrying out, in the urban renewal
33 area or competitively disadvantaged border community area, the urban
34 renewal objectives of this act in accordance with the urban renewal plan
35 or the competitively disadvantaged border community area ordinance.
36 (d) Disposition of any property acquired in the urban renewal area or the
37 competitively disadvantaged border community area (including sale, initial
38 leasing or retention by the agency itself) or the municipality creating
39 the competitively disadvantaged border community area at its fair value
40 for uses in accordance with the urban renewal plan except for disposition
41 of property to another public body;
42 (e) Carrying out plans for a program of voluntary or compulsory repair
43 and rehabilitation of buildings or other improvements in accordance with
44 the urban renewal plan;
45 (f) Acquisition of real property in the urban renewal area or the compet-
46 itively disadvantaged border community area which, under the urban renewal
47 plan, is to be repaired or rehabilitated for dwelling use or related
48 facilities, repair or rehabilitation of the structures for guidance pur-
49 poses, and resale of the property;
50 (g) Acquisition of any other real property in the urban renewal area or
51 competitively disadvantaged border community area where necessary to elim-
52 inate unhealthful, insanitary or unsafe conditions, lessen density, elimi-
53 nate obsolete or other uses detrimental to the public welfare, or other-
54 wise to remove or to prevent the spread of blight or deterioration, or to
55 provide land for needed public facilities or where necessary to accomplish
8
1 the purposes for which a competitively disadvantaged border community area
2 was created by ordinance;
3 (h) Lending or investing federal funds; and
4 (i) Construction of foundations, platforms and other like structural
5 forms.
6 (14) "Project costs" includes, but is not limited to:
7 (a) Capital costs, including the actual costs of the construction of pub-
8 lic works or improvements, facilities, buildings, structures, and perma-
9 nent fixtures; the demolition, alteration, remodeling, repair or recon-
10 struction of existing buildings, structures, and permanent fixtures; the
11 acquisition of equipment; and the clearing and grading of land;
12 (b) Financing costs, including interest during construction and capital-
13 ized debt service or repair and replacement or other appropriate
14 reserves;
15 (c) Real property assembly costs, meaning any deficit incurred from the
16 sale or lease by a municipality of real or personal property within a rev-
17 enue allocation district;
18 (d) Professional service costs, including those costs incurred for archi-
19 tectural, planning, engineering, and legal advice and services;
20 (e) Direct administrative costs, including reasonable charges for the
21 time spent by municipal employees in connection with the implementation of
22 a project plan;
23 (f) Relocation costs;
24 (g) Other costs incidental to any of the foregoing costs.
25 (15) "Revenue allocation area" means that portion of an urban renewal area
26 or competitively disadvantaged border community area the equalized assessed
27 valuation (as shown by the taxable property assessment rolls) of which the
28 local governing body has determined, on and as a part of an urban renewal
29 plan, is likely to increase as a result of the initiation of an urban renewal
30 project or competitively disadvantaged border community area. The base assess-
31 ment roll or rolls of revenue allocation area or areas shall not exceed at any
32 time ten percent (10%) of the current assessed valuation of all taxable prop-
33 erty within the municipality.
34 (16) "State" means the state of Idaho.
35 (17) "Tax" or "taxes" means all property tax levies upon taxable property.
36 (18) "Taxable property" means taxable real property, personal property,
37 operating property, or any other tangible or intangible property included on
38 the equalized assessment rolls.
39 (19) "Taxing district" means a taxing district as defined in section
40 63-201, Idaho Code, as that section now exists or may hereafter be amended.
41 (20) "Termination date" means a specific date no later than twenty-four
42 (24) years from the effective date of an urban renewal plan or as described in
43 section 50-2904, Idaho Code, on which date the plan shall terminate. Every
44 urban renewal plan shall have a termination date that can be modified or
45 extended subject to the twenty-four (24) year maximum limitation. Provided
46 however, the duration of a revenue allocation financing provision may be
47 extended as provided in section 50-2904, Idaho Code.
48 SECTION 6. That Section 70-2206, Idaho Code, be, and the same is hereby
49 amended to read as follows:
50 70-2206. GENERAL POWERS OF A COUNTY-BASED INTERMODAL COMMERCE AUTHORITY.
51 An intermodal authority shall have the powers provided to it by a local gov-
52 erning body, except the power of eminent domain, including:
53 (1) Have perpetual succession unless abolished as provided in this chap-
9
1 ter;
2 (2) Sue and be sued;
3 (3) Have a seal;
4 (4) Execute contracts and other instruments and take other action that
5 may be necessary or convenient to carry out the purposes of this chapter;
6 (5) Plan, establish, acquire, develop, construct, purchase, enlarge,
7 improve, modify, maintain, equip, operate, regulate and protect transporta-
8 tion, storage, or other facilities or other personal property necessary or
9 convenient to carry out the purposes of this chapter;
10 (6) Acquire any land or interest in land. All land and other property and
11 privileges acquired and used by or on behalf of any intermodal authority must
12 be used for intermodal authority purposes. As specified in this chapter, a
13 port authority may pledge, lease, sell, or mortgage all or any part of its
14 facilities to secure bonds;
15 (7) Recommend to the local governing body that created it, comprehensive
16 county-based intermodal commerce authority zoning regulations in accordance
17 with the laws of this state and the governing body; and
18 (8) Provide financial and other support to corporations or other business
19 entities or organizations under the provisions of Idaho law, whose purpose is
20 to promote, stimulate, develop and advance the economic development and pros-
21 perity of its jurisdiction and of the state and its citizens by stimulating,
22 assisting in, and supporting the growth of all kinds of economic activity,
23 including the creation, expansion, modernization, retention, and relocation of
24 new and existing businesses and industry in the state, all of which will tend
25 to promote business development, maintain the economic stability and prosper-
26 ity of the state, and thus provide maximum opportunities for employment and
27 improvement in the standards of living of citizens of the state.
28 SECTION 7. That Section 70-2208, Idaho Code, be, and the same is hereby
29 amended to read as follows:
30 70-2208. SUPPLEMENTARY POWERS. In addition to the general and special
31 powers conferred by this chapter, each intermodal authority may exercise all
32 powers delegated to it by the governing body creating it and powers incidental
33 to the exercise of such general and special powers contained herein; provided
34 however, that no governing body shall delegate the power of eminent domain to
35 an intermodal authority nor shall a governing body exercise the power of emi-
36 nent domain on behalf of any intermodal authority on behalf of any project of
37 an intermodal authority.
STATEMENT OF PURPOSE
RS 15630C1
This legislation adds a new Section 7-701A, Idaho Code,
to provide that the right of eminent domain may be exercised on
behalf of a public use, to provide that conveyance of a condemned
property or an interest in a condemned property to a private
party shall not be a public use and to provide application.
Sections 50-2018 and 50-2903, Idaho Code, are amended to further
define the terms "deteriorated area" and "deteriorating area" and
make technical corrections.
This legislation provides procedures for acquisition of
property within a deteriorated area; provides for acquisition of
property located within adjoining areas; limits eminent domain
powers of a county-based intermodal commerce authority; and
provides that no governing body shall delegate the power of
eminent domain to an intermodal commerce authority nor shall a
governing body exercise the power of eminent domain on behalf of
any intermodal commerce authority on behalf of any project of an
intermodal commerce authority.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Speaker Bruce Newcomb
Name: Representative Lawrence Denney
Name: Representative Mike Moyle
Name: Representative Julie Ellsworth
Phone: (208)332-1000
Name: David Hensley, Office of the Govenor
Phone: (208)334-2100
STATEMENT OF PURPOSE/FISCAL NOTE H 408