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SENATE BILL NO. 1244

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Bill Status

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S1244.............................................................by BRANDT
EMINENT DOMAIN - Adds to existing law relating to eminent domain to specify
uses not authorized.
                                                                        
01/11    Senate intro - 1st rdg - to printing
01/12    Rpt prt - to St Aff

Bill Text

                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-eighth Legislature                   Second Regular Session - 2006
                                                                        
                                                                        
                                       IN THE SENATE
                                                                        
                                    SENATE BILL NO. 1244
                                                                        
                                         BY BRANDT
                                                                        
  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 SPECIFY USES NOT AUTHO-
  4        RIZED.
                                                                        
  5    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  6        SECTION 1.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
  7    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
  8    ignated as Section 7-701A, Idaho Code, and to read as follows:
                                                                        
  9        7-701A.  USES NOT AUTHORIZED. Eminent domain shall not be used to  acquire
 10    real property:
 11        (1)  For  any  purpose  authorized  by  law  if  the  property acquired is
 12    intended to be sold, leased, transferred, or otherwise conveyed to a person or
 13    nongovernmental entity without the power of eminent domain.
 14        (2)  For any purpose authorized by law if the property is  transferred  or
 15    conveyed  to  a  person or nongovernmental entity without the power of eminent
 16    domain within twenty (20) years of the filing of  a  complaint  in  accordance
 17    with the provisions of section 7-706, Idaho Code.

Statement of Purpose / Fiscal Impact

                      STATEMENT OF PURPOSE

                              RS 15561

This statue shall provide that the power of eminent domain may
only be used to acquire land for public purposes, not for private
purposes, and is in direct response to the Kelo v. New London
decision.  The intent is to prevent condemners from condemning
land under the guise of public use and then transferring the
property for private use.  Most takings currently are
transportation related in Idaho, but nothing in existing law
expressly prohibits taking for private use, and this has been a
growing national problem.  This bill expressly provides that
takings for private use are not authorized by Idaho law. 


                         FISCAL NOTE

This legislation will have no fiscal impact.  It merely codifies
that in Idaho, condemnation may only be used for public purposes,
not private. This would prevent any public funds from being used
to condemn private property for private gain.



Contact:

Name: Senator Skip Brandt          Representative Mike Moyle
Phone: 332- 1326                   332-1000



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1244