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HJR003..................................................by LOCAL GOVERNMENT
EMINENT DOMAIN - Proposing an amendment to the Constitution of the State of
Idaho to provide that no department, agency or instrumentality of the
state, or any county, or any municipality, or other political subdivision,
or any other public entity with power of eminent domain shall be allowed to
use economic development as a reason for exercising its power of eminent
domain; and to define "economic development" as any activity including
increasing tax revenues, or any project which promotes, stimulates,
develops or advances the economic prosperity of a jurisdiction.
01/25 House intro - 1st rdg - to printing
01/26 Rpt prt - Held at Desk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 3
BY LOCAL GOVERNMENT COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, RELATING TO RIGHT OF EMINENT DOMAIN, TO PROVIDE THAT ECO-
4 NOMIC DEVELOPMENT SHALL NOT BE USED AS A REASON FOR ANY AUTHORIZED GOVERN-
5 MENTAL ENTITY TO EXERCISE THE POWER OF EMINENT DOMAIN AND TO PROVIDE A
6 DEFINITION OF "ECONOMIC DEVELOPMENT"; STATING THE QUESTION TO BE SUBMITTED
7 TO THE ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATE-
8 MENTS REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE
9 AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
10 Be It Resolved by the Legislature of the State of Idaho:
11 SECTION 1. That Section 14, Article I, of the Constitution of the State
12 of Idaho be amended to read as follows:
13 SECTION 14. RIGHT OF EMINENT DOMAIN. The necessary use of lands
14 for the construction of reservoirs or storage basins, for the purpose
15 of irrigation, or for rights of way for the construction of canals,
16 ditches, flumes or pipes, to convey water to the place of use for any
17 useful, beneficial or necessary purpose, or for drainage; or for the
18 drainage of mines, or the working thereof, by means of roads, rail-
19 roads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or
20 other necessary means to their complete development, or any other use
21 necessary to the complete development of the material resources of
22 the state, or the preservation of the health of its inhabitants, is
23 hereby declared to be a public use, and subject to the regulation and
24 control of the state.
25 Private property may be taken for public use, but not until a
26 just compensation, to be ascertained in the manner prescribed by law,
27 shall be paid therefor.
28 No department, agency or instrumentality of the state, or any
29 county, or any municipality, or other political subdivision, or any
30 other public entity with power of eminent domain shall use economic
31 development as a reason for exercising its power of eminent domain.
32 For the purposes of this section, "economic development" shall mean,
33 but is not limited to, any activity including increasing tax reve-
34 nues, or any project which promotes, stimulates, develops or advances
35 the economic prosperity of a jurisdiction.
36 SECTION 2. The question to be submitted to the electors of the State of
37 Idaho at the next general election shall be as follows:
38 "Shall Section 14, Article I, of the Constitution of the State of Idaho be
39 amended to provide that no department, agency or instrumentality of the state,
40 or any county, or any municipality, or other political subdivision, or any
41 other public entity with power of eminent domain shall use economic develop-
42 ment as a reason for exercising its power of eminent domain, and to provide
2
1 that "economic development" shall mean, but is not limited to, any activity
2 including increasing tax revenues, or any project which promotes, stimulates,
3 develops or advances the economic prosperity of a jurisdiction?".
4 SECTION 3. The Legislative Council is directed to prepare the statements
5 required by Section 67-453, Idaho Code, and file the same.
6 SECTION 4. The Secretary of State is hereby directed to publish this pro-
7 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 15675
This legislation is proposing an amendment to Section 14, Article
I, of the Constitution of the State of Idaho, relating to Right of
Eminent Domain, to provide that economic development shall not be
used as a reason for any authorized governmental entity to exercise
the power of eminent domain and to provide a definition of
"economic development"; stating the question to be submitted to the
electorate; directing the legislative council to prepare the
statements required by law; and directing the Secretary of State to
publish the amendment and arguments as required by law.
FISCAL NOTE
There is approximately a $50,000 fiscal impact on a constitutional
amendment for publication costs.
Contact
Name: Rep Lenore Hardy Barrett
Representatives Cliff Bayer, JoAn Wood, Dick Harwood,Shirley
McKague, and Phil Hart
Senators Gerry Sweet and Monty Pearce
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJR 3