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S1246.............................................................by BRANDT
EMINENT DOMAIN - Adds to and amends existing law relating to relocation
assistance and exercise of the power of eminent domain to provide a
limitation on compensable damages; to provide relocation assistance; to
provide for application of Chapter 20, Title 40, Idaho Code, to all
condemners; and to provide a definition of "agency."
01/11 Senate intro - 1st rdg - to printing
01/12 Rpt prt - to St Aff
02/06 Rpt out - to 14th Ord
03/14 Rpt out w/o amen - Ret'd to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1246
BY BRANDT
1 AN ACT
2 RELATING TO RELOCATION ASSISTANCE AND EMINENT DOMAIN; AMENDING CHAPTER 7,
3 TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-722, IDAHO CODE,
4 TO PROVIDE LIMITATION ON COMPENSABLE DAMAGES, RELOCATION ASSISTANCE AND
5 APPLICATION OF CHAPTER 20, TITLE 40, IDAHO CODE, TO ALL CONDEMNERS; AND
6 AMENDING SECTION 40-102, IDAHO CODE, TO REVISE THE DEFINITION OF "AGENCY"
7 AND TO MAKE TECHNICAL CORRECTIONS.
8 Be It Enacted by the Legislature of the State of Idaho:
9 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 7-722, Idaho Code, and to read as follows:
12 7-722. RELOCATION ASSISTANCE. The relocation and reestablishment of per-
13 sons, families, businesses, farmers and nonprofit organizations displaced as a
14 result of any exercise of the power of eminent domain shall not give rise to
15 additional damages compensable under this chapter. Relocation payments and
16 relocation advisory assistance shall be provided to all persons so displaced
17 in accordance with the terms and provisions of chapter 20, title 40, Idaho
18 Code, which shall apply to all condemners.
19 SECTION 2. That Section 40-102, Idaho Code, be, and the same is hereby
20 amended to read as follows:
21 40-102. DEFINITIONS -- A. (1) "Activities, commercial or industrial."
22 (See "Unzoned commercial or industrial areas," section 40-122, Idaho Code)
23 (2) "Advertising business, outdoor." (See "Outdoor advertising business,"
24 section 40-116, Idaho Code)
25 (3) "Advertising display" means advertising structures and signs.
26 (4) "Advertising structure(s)" or "structure(s)" or "sign(s)" means any
27 thing designed, intended or used to advertise or inform. "Advertising struc-
28 ture" or "sign" does not include:
29 (a) Official notices issued by any court or public body or officer.
30 (b) Notices posted by any public officer in performance of a public duty
31 or by any person in giving legal notice.
32 (c) Directional, warning or information structures required by or autho-
33 rized by law, informational or directional signs regarding telephone ser-
34 vice, emergency telephone signs, buried or underground cable markers and
35 above cable closures.
36 (d) An official or public structure erected near a city or county, and
37 within its territorial or zoning jurisdiction, which contains the name of
38 the city or county, provided the same is maintained wholly at public
39 expense. Where a city has been bypassed, but remains within five (5) miles
40 of an interstate highway or primary freeway, the Idaho transportation
41 board, in its discretion, may grant the city the right to erect and main-
2
1 tain a billboard displaying the name of the city at a location not to
2 exceed one (1) mile from an interchange primarily serving that city. Bill-
3 boards erected must be at locations consistent with department regulations
4 rules and safety standards.
5 (5) "Agency," as applied to highway relocation assistance as provided by
6 chapter 20, title 40, Idaho Code, means any political subdivision or entity of
7 state or local government in the state of Idaho authorized by law to engage in
8 any highway program or perform any highway project exercise the power of emi-
9 nent domain in which the acquisition of real property may result in the dis-
10 placement of any person.
11 (6) "Areas, commercial or industrial, unzoned." (See "Unzoned commercial
12 or industrial areas," section 40-122, Idaho Code)
13 (7) "Areas, urban." (See "Urban areas," section 40-122, Idaho Code)
14 (8) "Automobile graveyard" means any establishment or place of business
15 which is maintained, used, or operated, for storing, keeping, buying, or sell-
16 ing wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle
17 parts.
18 (9) "Average annual net earnings," for the purposes of section 40-2004,
19 Idaho Code, means one-half (1/2) of any net earnings of the business or farm
20 operations, before federal, state and local income taxes, during the two (2)
21 taxable years immediately preceding the taxable year in which the business or
22 farm operation moves from the real property acquired for the project, or dur-
23 ing any other period as the agency determines to be more equitable for estab-
24 lishing the earnings, and includes any compensation paid by the business or
25 farm operation to the owner, his spouse, or his dependents during the two (2)
26 year period, or any other period as determined by the agency.
STATEMENT OF PURPOSE
RS 15559
This section will ensure that relocation benefits are uniformly
payable to individuals displaced by eminent domain. Currently,
when property is acquired via eminent domain for a highway,
displaced individuals receive relocation assistance. However,
when property is condemned for purposes other than highways,
relocation assistance is not expressly required under the current
statutes (though many condemners voluntarily pay relocation
benefits). This bill will ensure that all Idaho citizens who are
displaced by eminent domain receive equal relocation assistance
(as defined in existing code), regardless of the entity which is
condemning their property or the purpose of the taking. Most
takings do not require relocation; however, some citizens who
lose their homes via eminent domain and do have to relocate are
forced to pay their moving expenses out of pocket, while others
receive relocation assistance. This legislation requires equal
relocation assistance to all citizens displaced by eminent
domain, and addresses concerns raised last session in Committee
when similar legislation was proposed.
FISCAL NOTE
No fiscal impact to the general fund. There may be a minimal
fiscal impact to entities who do not currently provide relocation
assistance when displacing citizens via eminent domain.
Contact:
Name: Senator Skip Brandt Representative Mike Moyle
Phone: 332-1326 332-100
STATEMENT OF PURPOSE/FISCAL NOTE S 1246