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H0555......................................................by STATE AFFAIRS
EMINENT DOMAIN - Adds to existing law to provide limitations on eminent
domain for private parties, urban renewal or economic development purposes;
and to provide for review at judicial proceedings involving the exercise of
the power of eminent domain.
02/06 House intro - 1st rdg - to printing
02/07 Rpt prt - to St Aff
02/17 Rpt out - rec d/p - to 2nd rdg
02/20 2nd rdg - to 3rd rdg
02/24 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen,
Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie(Luker), Snodgrass, Stevenson,
Trail, Wills, Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Boe, Denney, Sali
Floor Sponsors - Mr. Speaker & Clark
Title apvd - to Senate
02/27 Senate intro - 1st rdg - to St Aff
03/06 Rpt out - rec d/p - to 2nd rdg
03/07 2nd rdg - to 3rd rdg
03/09 3rd rdg - PASSED - 34-0-1
AYES -- Andreason(Hatch), Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Werk, Williams
NAYS -- None
Absent and excused -- Sweet
Floor Sponsors - Richardson, McGee & Pearce
Title apvd - to House
03/10 To enrol
03/13 Rpt enrol - Sp signed
03/14 Pres signed
03/15 To Governor
03/21 Governor signed
Session Law Chapter 96
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 555
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 LIMITATIONS ON
4 EMINENT DOMAIN FOR PRIVATE PARTIES, URBAN RENEWAL OR ECONOMIC DEVELOPMENT
5 PURPOSES AND TO PROVIDE FOR REVIEW AT JUDICIAL PROCEEDINGS INVOLVING THE
6 EXERCISE OF THE POWER OF EMINENT DOMAIN.
7 Be It Enacted by the Legislature of the State of Idaho:
8 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is
9 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
10 ignated as Section 7-701A, Idaho Code, and to read as follows:
11 7-701A. LIMITATION ON EMINENT DOMAIN FOR PRIVATE PARTIES, URBAN RENEWAL
12 OR ECONOMIC DEVELOPMENT PURPOSES. (1) This section limits and restricts the
13 use of eminent domain under the laws of this state or local ordinance by the
14 state of Idaho, its instrumentalities, political subdivisions, public agen-
15 cies, or bodies corporate and politic of the state to condemn any interest in
16 property in order to convey the condemned interest to a private interest or
17 person as provided herein.
18 (2) Eminent domain shall not be used to acquire private property:
19 (a) For any alleged public use which is merely a pretext for the transfer
20 of the condemned property or any interest in that property to a private
21 party; or
22 (b) For the purpose of promoting or effectuating economic development;
23 provided however, that nothing herein shall affect the exercise of eminent
24 domain:
25 (i) Pursuant to chapter 15, title 70, Idaho Code, and title 42,
26 Idaho Code; or
27 (ii) Pursuant to chapters 19, 20 or 29, title 50, Idaho Code, except
28 that no private property shall be taken through exercise of eminent
29 domain within the area of operation of a housing authority or within
30 an urban renewal area or within a deteriorated or deteriorating area
31 or within a competitively disadvantaged border community area unless
32 the specific property to be condemned is proven by clear and convinc-
33 ing evidence to be in such condition that it meets all of the
34 requirements:
35 1. The property, due to general dilapidation, compromised
36 structural integrity, or failed mechanical systems, endangers
37 life or endangers property by fire or by other perils that pose
38 an actual identifiable threat to building occupants; and
39 2. The property contains specifically identifiable conditions
40 that pose an actual risk to human health, transmission of dis-
41 ease, juvenile delinquency or criminal content; and
42 3. The property presents an actual risk of harm to the public
43 health, safety, morals or general welfare; or
2
1 (iii) For those public and private uses for which eminent domain is
2 expressly provided in the constitution of the state of Idaho.
3 (3) This section shall not affect the authority of a governmental entity
4 to condemn a leasehold estate on property owned by the governmental entity.
5 (4) The rationale for condemnation by the governmental entity proposing
6 to condemn property shall be freely reviewable in the course of judicial pro-
7 ceedings involving exercise of the power of eminent domain.
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STATEMENT OF PURPOSE
RS 15927
This legislation adds a new section 7-701A, Idaho Code, to
provide limitations on Eminent Domain for private parties, urban
renewal or economic development purposes and to provide for
review at judicial proceedings involving the exercise of the
power of eminent domain.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Speaker Bruce Newcomb
Representative Lawerence Denney
Representative Mike Moyle
Representative Julie Ellsworth
Representative Dell Raybould
Senator Mel Richardson
Senator Monty Pearce
Senator John McGee
Phone:(208) 332-1000
Name: David Hensley, Office of the Governor
Phone:(208) 334-2100
Name: Brian Kane, Office of the Attorney General
Phone:(208) 334-2400
STATEMENT OF PURPOSE/FISCAL NOTE H 555