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H0735aa....................................................by STATE AFFAIRS
URBAN RENEWAL - Amends existing law relating to urban renewal to revise
definitions.
02/24 House intro - 1st rdg - to printing
02/27 Rpt prt - to Loc Gov
03/03 Rpt out - to Gen Ord
03/08 Rpt out amen - to engros
03/09 Rpt engros - 1st rdg - to 2nd rdg as amen
03/10 2nd rdg - to 3rd rdg as amen
03/13 3rd rdg as amen - PASSED - 62-4-4
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Boe, Bolz, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henderson, Jaquet,
Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin,
McKague, Miller, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Roberts, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smylie,
Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker
NAYS -- Henbest, Mitchell, Ringo, Rusche
Absent and excused -- Block, Crow, Deal, Smith(24)
Floor Sponsor - Brackett
Title apvd - to Senate
03/14 Senate intro - 1st rdg - to Loc Gov
03/23 Rpt out - rec d/p - to 2nd rdg
03/24 2nd rdg - to 3rd rdg
03/28 3rd rdg - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark),
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 Sponsor - Williams
Title apvd - to House
03/29 To enrol
03/30 Rpt enrol - Sp signed
03/31 Pres signed - To Governor
03/31 Governor signed
Session Law Chapter 310
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. 735
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO URBAN RENEWAL; AMENDING SECTION 50-2018, IDAHO CODE, TO REVISE
3 DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 50-2018, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 50-2018. DEFINITIONS. The following terms wherever used or referred to in
8 this chapter, shall have the following meanings, unless a different meaning is
9 clearly indicated by the context:
10 (a1) "Agency" or "urban renewal agency" shall mean a public agency cre-
11 ated by section 50-2006, Idaho Code.
12 (b2) "Municipality" shall mean any incorporated city or town, or county
13 in the state.
14 (c3) "Public body" shall mean the state or any municipality, township,
15 board, commission, authority, district, or any other subdivision or public
16 body of the state.
17 (d4) "Local governing body" shall mean the council or other legislative
18 body charged with governing the municipality.
19 (e5) "Mayor" shall mean the mayor of a municipality or other officer or
20 body having the duties customarily imposed upon the executive head of a munic-
21 ipality.
22 (f6) "Clerk" shall mean the clerk or other official of the municipality
23 who is the custodian of the official records of such municipality.
24 (g7) "Federal government" shall include the United States of America or
25 any agency or instrumentality, corporate or otherwise, of the United States of
26 America.
27 (h8) "Deteriorated area" shall mean an area in which there is a predomi-
28 nance of buildings or improvements, whether residential or nonresidential,
29 which by reason of dilapidation, deterioration, age or obsolescence, inade-
30 quate provision for ventilation, light, air, sanitation, or open spaces, high
31 density of population and overcrowding, or the existence of conditions which
32 endanger life or property by fire and other causes, or any combination of such
33 factors is conducive to ill health, transmission of disease, infant mortality,
34 juvenile delinquency, or crime, and is detrimental to the public health,
35 safety, morals or welfare. Provided however, this definition shall not apply
36 to any agricultural operation, as defined in section 22-4502(1), Idaho Code,
37 except for an agricultural operation that has not been used for three (3) con-
38 secutive years.
39 (i9) "Deteriorating area" shall mean an area which by reason of the pres-
40 ence of a substantial number of deteriorated or deteriorating structures, pre-
41 dominance of defective or inadequate street layout, faulty lot layout in rela-
42 tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
43 ditions, deterioration of site or other improvements, diversity of ownership,
2
1 tax or special assessment delinquency exceeding the fair value of the land,
2 defective or unusual conditions of title, or the existence of conditions which
3 endanger life or property by fire and other causes, or any combination of such
4 factors, substantially impairs or arrests the sound growth of a municipality,
5 retards the provision of housing accommodations or constitutes an economic or
6 social liability and is a menace to the public health, safety, morals or wel-
7 fare in its present condition and use; provided, that if such deteriorating
8 area consists of open land the conditions contained in the proviso in section
9 50-2008(d), Idaho Code, shall apply; and provided further, that any disaster
10 area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
11 orating area. Provided however, this definition shall not apply to any agri-
12 cultural operation, as defined in section 22-4502(1), Idaho Code, except for
13 an agricultural operation that has not been used for three (3) consecutive
14 years.
15 (j10) "Urban renewal project" may include undertakings and activities of a
16 municipality in an urban renewal area for the elimination of deteriorated or
17 deteriorating areas and for the prevention of the development or spread of
18 slums and blight, and may involve slum clearance and redevelopment in an urban
19 renewal area, or rehabilitation or conservation in an urban renewal area, or
20 any combination or part thereof in accordance with an urban renewal plan. Such
21 undertakings and activities may include:
22 (1a) aAcquisition of a deteriorated area or a deteriorating area or por-
23 tion thereof;
24 (2b) dDemolition and removal of buildings and improvements;
25 (3c) iInstallation, construction, or reconstruction of streets, utili-
26 ties, parks, playgrounds, off-street parking facilities, public facilities
27 or buildings and other improvements necessary for carrying out in the
28 urban renewal area the urban renewal objectives of this chapter in accor-
29 dance with the urban renewal plan;
30 (4d) dDisposition of any property acquired in the urban renewal area,
31 including sale, initial leasing or retention by the agency itself, at its
32 fair value for uses in accordance with the urban renewal plan except for
33 disposition of property to another public body;
34 (5e) cCarrying out plans for a program of voluntary or compulsory repair
35 and rehabilitation of buildings or other improvements in accordance with
36 the urban renewal plan;
37 (6f) aAcquisition of real property in the urban renewal area which, under
38 the urban renewal plan, is to be repaired or rehabilitated for dwelling
39 use or related facilities, repair or rehabilitation of the structures for
40 guidance purposes, and resale of the property;
41 (7g) aAcquisition of any other real property in the urban renewal area
42 where necessary to eliminate unhealthful, insanitary or unsafe conditions,
43 lessen density, eliminate obsolete or other uses detrimental to the public
44 welfare, or otherwise to remove or to prevent the spread of blight or
45 deterioration, or to provide land for needed public facilities;
46 (8h) lLending or investing federal funds; and
47 (9i) cConstruction of foundations, platforms and other like structural
48 forms.
49 (k11) "Urban renewal area" means a deteriorated area or a deteriorating
50 area or a combination thereof which the local governing body designates as
51 appropriate for an urban renewal project.
52 (l12) "Urban renewal plan" means a plan, as it exists from time to time,
53 for an urban renewal project, which plan:
54 (1a) sShall conform to the general plan for the municipality as a whole
55 except as provided in section 50-2008(g), Idaho Code; and
3
1 (2b) sShall be sufficiently complete to indicate such land acquisition,
2 demolition and removal of structures, redevelopment, improvements, and
3 rehabilitation as may be proposed to be carried out in the urban renewal
4 area, zoning and planning changes, if any, land uses, maximum densities,
5 building requirements, and any method or methods of financing such plan,
6 which methods may include revenue allocation financing provisions.
7 (m13) "Related activities" shall mean:
8 (1a) pPlanning work for the preparation or completion of a community-wide
9 plan or program pursuant to section 50-2009, Idaho Code; and
10 (2b) tThe functions related to the acquisition and disposal of real prop-
11 erty pursuant to section 50-2007(d), Idaho Code.
12 (n14) "Real property" shall include all lands, including improvements and
13 fixtures thereon, and property of any nature appurtenant thereto, or used in
14 connection therewith, and every estate, interest, right and use, legal or
15 equitable, therein, including terms for years and liens by way of judgment,
16 mortgage or otherwise.
17 (o15) "Bonds" shall mean any bonds, including refunding bonds, notes,
18 interim certificates, certificates of indebtedness, debentures or other obli-
19 gations.
20 (p16) "Obligee" shall include any bondholder, agents or trustees for any
21 bondholders, or lessor demising to the municipality property used in connec-
22 tion with urban renewal, or any assignee or assignees of such lessor's inter-
23 est or any part thereof, and the federal government when it is a party to any
24 contract with the municipality.
25 (q17) "Person" shall mean any individual, firm, partnership, corporation,
26 company, association, joint stock association, or body politic; and shall
27 include any trustee, receiver, assignee, or other person acting in a similar
28 representative capacity.
29 (r18) "Area of operation" shall mean the area within the corporate limits
30 of the municipality and the area within five (5) miles of such limits, except
31 that it shall not include any area which lies within the territorial bound-
32 aries of another incorporated city or town or within the unincorporated area
33 of the county unless a resolution shall have been adopted by the governing
34 body of such other city, town or county declaring a need therefor.
35 (s19) "Board" or "commission" shall mean a board, commission, department,
36 division, office, body or other unit of the municipality.
37 (t20) "Public officer" shall mean any officer who is in charge of any
38 department or branch of the government of the municipality relating to health,
39 fire, building regulations, or to other activities concerning dwellings in the
40 municipality.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Brackett
Seconded by Andrus
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 735
1 AMENDMENTS TO SECTION 1
2 On page 1 of the printed bill, in line 36, following "Code," insert:
3 "absent the consent of the owner of the agricultural operation,"; and on page
4 2, in line 12, following "Code," insert: "absent the consent of the owner of
5 the agricultural operation,".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 735, As Amended
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO URBAN RENEWAL; AMENDING SECTION 50-2018, IDAHO CODE, TO REVISE
3 DEFINITIONS AND TO MAKE TECHNICAL CORRECTIONS.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 50-2018, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 50-2018. DEFINITIONS. The following terms wherever used or referred to in
8 this chapter, shall have the following meanings, unless a different meaning is
9 clearly indicated by the context:
10 (a1) "Agency" or "urban renewal agency" shall mean a public agency cre-
11 ated by section 50-2006, Idaho Code.
12 (b2) "Municipality" shall mean any incorporated city or town, or county
13 in the state.
14 (c3) "Public body" shall mean the state or any municipality, township,
15 board, commission, authority, district, or any other subdivision or public
16 body of the state.
17 (d4) "Local governing body" shall mean the council or other legislative
18 body charged with governing the municipality.
19 (e5) "Mayor" shall mean the mayor of a municipality or other officer or
20 body having the duties customarily imposed upon the executive head of a munic-
21 ipality.
22 (f6) "Clerk" shall mean the clerk or other official of the municipality
23 who is the custodian of the official records of such municipality.
24 (g7) "Federal government" shall include the United States of America or
25 any agency or instrumentality, corporate or otherwise, of the United States of
26 America.
27 (h8) "Deteriorated area" shall mean an area in which there is a predomi-
28 nance of buildings or improvements, whether residential or nonresidential,
29 which by reason of dilapidation, deterioration, age or obsolescence, inade-
30 quate provision for ventilation, light, air, sanitation, or open spaces, high
31 density of population and overcrowding, or the existence of conditions which
32 endanger life or property by fire and other causes, or any combination of such
33 factors is conducive to ill health, transmission of disease, infant mortality,
34 juvenile delinquency, or crime, and is detrimental to the public health,
35 safety, morals or welfare. Provided however, this definition shall not apply
36 to any agricultural operation, as defined in section 22-4502(1), Idaho Code,
37 absent the consent of the owner of the agricultural operation, except for an
38 agricultural operation that has not been used for three (3) consecutive years.
39 (i9) "Deteriorating area" shall mean an area which by reason of the pres-
40 ence of a substantial number of deteriorated or deteriorating structures, pre-
41 dominance of defective or inadequate street layout, faulty lot layout in rela-
42 tion to size, adequacy, accessibility or usefulness, insanitary or unsafe con-
43 ditions, deterioration of site or other improvements, diversity of ownership,
2
1 tax or special assessment delinquency exceeding the fair value of the land,
2 defective or unusual conditions of title, or the existence of conditions which
3 endanger life or property by fire and other causes, or any combination of such
4 factors, substantially impairs or arrests the sound growth of a municipality,
5 retards the provision of housing accommodations or constitutes an economic or
6 social liability and is a menace to the public health, safety, morals or wel-
7 fare in its present condition and use; provided, that if such deteriorating
8 area consists of open land the conditions contained in the proviso in section
9 50-2008(d), Idaho Code, shall apply; and provided further, that any disaster
10 area referred to in section 50-2008(g), Idaho Code, shall constitute a deteri-
11 orating area. Provided however, this definition shall not apply to any agri-
12 cultural operation, as defined in section 22-4502(1), Idaho Code, absent the
13 consent of the owner of the agricultural operation, except for an agricultural
14 operation that has not been used for three (3) consecutive years.
15 (j10) "Urban renewal project" may include undertakings and activities of a
16 municipality in an urban renewal area for the elimination of deteriorated or
17 deteriorating areas and for the prevention of the development or spread of
18 slums and blight, and may involve slum clearance and redevelopment in an urban
19 renewal area, or rehabilitation or conservation in an urban renewal area, or
20 any combination or part thereof in accordance with an urban renewal plan. Such
21 undertakings and activities may include:
22 (1a) aAcquisition of a deteriorated area or a deteriorating area or por-
23 tion thereof;
24 (2b) dDemolition and removal of buildings and improvements;
25 (3c) iInstallation, construction, or reconstruction of streets, utili-
26 ties, parks, playgrounds, off-street parking facilities, public facilities
27 or buildings and other improvements necessary for carrying out in the
28 urban renewal area the urban renewal objectives of this chapter in accor-
29 dance with the urban renewal plan;
30 (4d) dDisposition of any property acquired in the urban renewal area,
31 including sale, initial leasing or retention by the agency itself, at its
32 fair value for uses in accordance with the urban renewal plan except for
33 disposition of property to another public body;
34 (5e) cCarrying out plans for a program of voluntary or compulsory repair
35 and rehabilitation of buildings or other improvements in accordance with
36 the urban renewal plan;
37 (6f) aAcquisition of real property in the urban renewal area which, under
38 the urban renewal plan, is to be repaired or rehabilitated for dwelling
39 use or related facilities, repair or rehabilitation of the structures for
40 guidance purposes, and resale of the property;
41 (7g) aAcquisition of any other real property in the urban renewal area
42 where necessary to eliminate unhealthful, insanitary or unsafe conditions,
43 lessen density, eliminate obsolete or other uses detrimental to the public
44 welfare, or otherwise to remove or to prevent the spread of blight or
45 deterioration, or to provide land for needed public facilities;
46 (8h) lLending or investing federal funds; and
47 (9i) cConstruction of foundations, platforms and other like structural
48 forms.
49 (k11) "Urban renewal area" means a deteriorated area or a deteriorating
50 area or a combination thereof which the local governing body designates as
51 appropriate for an urban renewal project.
52 (l12) "Urban renewal plan" means a plan, as it exists from time to time,
53 for an urban renewal project, which plan:
54 (1a) sShall conform to the general plan for the municipality as a whole
55 except as provided in section 50-2008(g), Idaho Code; and
3
1 (2b) sShall be sufficiently complete to indicate such land acquisition,
2 demolition and removal of structures, redevelopment, improvements, and
3 rehabilitation as may be proposed to be carried out in the urban renewal
4 area, zoning and planning changes, if any, land uses, maximum densities,
5 building requirements, and any method or methods of financing such plan,
6 which methods may include revenue allocation financing provisions.
7 (m13) "Related activities" shall mean:
8 (1a) pPlanning work for the preparation or completion of a community-wide
9 plan or program pursuant to section 50-2009, Idaho Code; and
10 (2b) tThe functions related to the acquisition and disposal of real prop-
11 erty pursuant to section 50-2007(d), Idaho Code.
12 (n14) "Real property" shall include all lands, including improvements and
13 fixtures thereon, and property of any nature appurtenant thereto, or used in
14 connection therewith, and every estate, interest, right and use, legal or
15 equitable, therein, including terms for years and liens by way of judgment,
16 mortgage or otherwise.
17 (o15) "Bonds" shall mean any bonds, including refunding bonds, notes,
18 interim certificates, certificates of indebtedness, debentures or other obli-
19 gations.
20 (p16) "Obligee" shall include any bondholder, agents or trustees for any
21 bondholders, or lessor demising to the municipality property used in connec-
22 tion with urban renewal, or any assignee or assignees of such lessor's inter-
23 est or any part thereof, and the federal government when it is a party to any
24 contract with the municipality.
25 (q17) "Person" shall mean any individual, firm, partnership, corporation,
26 company, association, joint stock association, or body politic; and shall
27 include any trustee, receiver, assignee, or other person acting in a similar
28 representative capacity.
29 (r18) "Area of operation" shall mean the area within the corporate limits
30 of the municipality and the area within five (5) miles of such limits, except
31 that it shall not include any area which lies within the territorial bound-
32 aries of another incorporated city or town or within the unincorporated area
33 of the county unless a resolution shall have been adopted by the governing
34 body of such other city, town or county declaring a need therefor.
35 (s19) "Board" or "commission" shall mean a board, commission, department,
36 division, office, body or other unit of the municipality.
37 (t20) "Public officer" shall mean any officer who is in charge of any
38 department or branch of the government of the municipality relating to health,
39 fire, building regulations, or to other activities concerning dwellings in the
40 municipality.
REPRINT REPRINT REPRINT REPRINT
STATEMENT OF PURPOSE
RS 16119
This proposed legislation amends the definition of "deteriorated
area" and "deteriorating area" in Idaho Code 50-2018 to assure
that an agricultural operation will not be determined to be a
deteriorated or deteriorating area; which, in turn, would allow a
viable agricultural operation to be taken by eminent domain. The
proposed legislation would allow an agricultural operation to be
declared deteriorated or deteriorating only if the agricultural
operation was in non-use for three consecutive years.
FISCAL NOTE
There is no fiscal impact to the general fund.
Contact
Name: Rep Bert Brackett
Rep Ken Andrus
Phone: 332-1000
Lloyd Knight and Stan Boyd, Idaho Cattle Association
Phone: (208) 343-1615
STATEMENT OF PURPOSE/FISCAL NOTE H 735 aa