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SENATE BILL NO. 1273

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Bill Status

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S1273.............................................................by BRANDT
EMINENT DOMAIN - Adds to existing law relating to eminent domain to provide
that all issues of fact in condemnation cases, except facts prerequisite to
taking as provided in Section 7-704, Idaho Code, shall be determined by a
jury upon the request of either party.
                                                                        
01/18    Senate intro - 1st rdg - to printing
01/19    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. 1273
                                                                        
                                         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 7-723, IDAHO CODE, TO PROVIDE THAT ALL ISSUES OF
  4        FACT  IN  CONDEMNATION  CASES, EXCEPT FACTS PREREQUISITE TO TAKING AS PRO-
  5        VIDED IN SECTION 7-704, IDAHO CODE, SHALL BE DETERMINED BY A JURY UPON THE
  6        REQUEST OF EITHER PARTY.
                                                                        
  7    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  8        SECTION 1.  That Chapter 7, Title 7, Idaho  Code,  be,  and  the  same  is
  9    hereby  amended by the addition thereto of a NEW SECTION, to be known and des-
 10    ignated as Section 7-723, Idaho Code, and to read as follows:
                                                                        
 11        7-723.  JURY QUESTIONS. All issues of fact in condemnation  cases,  except
 12    facts  prerequisite  to taking as provided in section 7-704, Idaho Code, shall
 13    be determined by a jury upon the request of either party.

Statement of Purpose / Fiscal Impact

                       STATEMENT OF PURPOSE
                             RS 15638

This bill would clarify that in condemnation cases, all questions
of fact except those prerequisite to the taking (as determined by
statute) are decided by a jury, not a Judge, upon request of
either party.


                         FISCAL IMPACT
     
This bill addresses procedure and should not have any fiscal
impact to State or local government.






CONTACT:  Senator R. Skip Brandt 208-332-1326
          Representative Mike Moyle 208-332-1000       




STATEMENT OF PURPOSE/FISCAL IMPACT                   S 1273