Print Friendly SENATE BILL NO. 1244 – Eminent domain, uses not authorized
SENATE BILL NO. 1244
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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
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1244
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-
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
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.
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.
Name: Senator Skip Brandt Representative Mike Moyle
Phone: 332- 1326 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1244