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S1242.............................................................by BRANDT
EMINENT DOMAIN - Amends existing law relating to eminent domain to provide
additional facts prerequisite to a taking.
01/11 Senate intro - 1st rdg - to printing
01/12 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1242
BY BRANDT
1 AN ACT
2 RELATING TO EMINENT DOMAIN; AMENDING SECTION 7-704, IDAHO CODE, TO PROVIDE
3 ADDITIONAL FACTS PREREQUISITE TO A TAKING.
4 Be It Enacted by the Legislature of the State of Idaho:
5 SECTION 1. That Section 7-704, Idaho Code, be, and the same is hereby
6 amended to read as follows:
7 7-704. FACTS PREREQUISITE TO TAKING. Before property can be taken it must
8 appear:
9 1. That the use to which it is to be applied is a use authorized by law.
10 2. That the taking is necessary to such use.
11 3. If already appropriated to some public use, that the public use to
12 which it is to be applied is a more necessary public use.
13 4. That the property and all property rights to be acquired are necessary
14 for a public use at the time the complaint is filed, and that no additional
15 property or property rights not needed for public use are being acquired.
16 5. In addition, for an electrical transmission line with a capacity in
17 excess of two hundred thirty (230) KV (kilovolts), to be constructed over pri-
18 vate real property actively devoted to agriculture, that a public meeting
19 shall have been held following ten (10) days' notice, as provided by section
20 60-109, Idaho Code, being published in a newspaper of general circulation in
21 each county or counties in which the transmission line is proposed to be
22 located with the last publication of the legal notice having occurred prior to
23 the public meeting at which testimony from interested persons regarding the
24 transmission line location is received.
STATEMENT OF PURPOSE
RS 15556
This amendment to existing code will clarify that condemners may
only condemn land needed for public use, and will require the
condemner to state in the complaint that all property to be
acquired is for public use. The goal is to avoid takings of
private property for private use with the power of eminent
domain, as in Kelo v. New London.
FISCAL NOTE
This legislation will not impose an additional cost to
government; it merely requires an additional statement to be made
by government to assure that the power of condemnation is not
being abused. The statement will be in a complaint which is
already required and poses no additional cost to government at
the State or local level.
Contact:
Name: Senator Skip Brandt Representative Mike Moyle
Phone: 332- 1326 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1242