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S1433......................................................by STATE AFFAIRS
EMINENT DOMAIN - Adds to existing law relating to relocation assistance and
eminent domain to provide limitation on compensable damages, relocation
assistance and its application to all condemners, except for application of
Chapter 20, Title 40, Idaho Code, to relocation payments and relocation
advisory assistance for persons displaced because of any highway program or
for the performance of any highway project; to provide legislative findings
on relocation aid for persons displaced by public programs; to provide
definitions of "condemner" or "condemning authority" and "displaced
person"; to authorize relocation advisory assistance; to provide that any
condemner may establish a local relocation advisory assistance office; to
provide for compensation of relocation expense and compensation options; to
provide limits to define "average annual net earnings"; to provide purchase
assistance to relocating owner-occupant and lease or down payment
assistance to relocating tenant; to provide for housing replacement; to
provide compensation for miscellaneous expenses; to provide for computation
of replacement housing payment during condemnation proceedings and for
adjustment after judgment; to provide that relocation payments are not
income; to provide for review of eligibility determinations; to provide
that eminent domain damages are unaffected; to authorize relocation
assistance and payments to persons displaced by a project or activity which
is subject to the provisions of the federal Uniform Relocation Assistance
Real Property Acquisition Policies Act; and to provide for awarding costs
and attorney's fees.
03/07 Senate intro - 1st rdg - to printing
03/08 Rpt prt - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1433
BY STATE AFFAIRS COMMITTEE
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 TO ALL CONDEMNERS, EXCEPT FOR APPLICATION OF CHAPTER 20, TITLE
6 40, IDAHO CODE, TO RELOCATION PAYMENTS AND RELOCATION ADVISORY ASSISTANCE
7 FOR PERSONS DISPLACED BECAUSE OF ANY HIGHWAY PROGRAM OR FOR THE PERFOR-
8 MANCE OF ANY HIGHWAY PROJECT; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY
9 THE ADDITION OF A NEW SECTION 7-724, IDAHO CODE, TO PROVIDE LEGISLATIVE
10 FINDINGS ON RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS AND TO
11 PROVIDE DEFINITIONS OF "CONDEMNER" OR "CONDEMNING AUTHORITY" AND
12 "DISPLACED PERSON"; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDI-
13 TION OF A NEW SECTION 7-725, IDAHO CODE, TO AUTHORIZE RELOCATION ADVISORY
14 ASSISTANCE; AMENDING CHAPTER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A
15 NEW SECTION 7-726, IDAHO CODE, TO PROVIDE THAT ANY CONDEMNER MAY ESTABLISH
16 A LOCAL RELOCATION ADVISORY ASSISTANCE OFFICE; AMENDING CHAPTER 7, TITLE
17 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-727, IDAHO CODE, TO PRO-
18 VIDE FOR COMPENSATION OF RELOCATION EXPENSE AND COMPENSATION OPTIONS, TO
19 PROVIDE LIMITS AND TO DEFINE "AVERAGE ANNUAL NET EARNINGS"; AMENDING CHAP-
20 TER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-728, IDAHO
21 CODE, TO PROVIDE PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT AND
22 LEASE OR DOWN PAYMENT ASSISTANCE TO RELOCATING TENANT; AMENDING CHAPTER 7,
23 TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-729, IDAHO CODE,
24 TO PROVIDE FOR HOUSING REPLACEMENT; AMENDING CHAPTER 7, TITLE 7, IDAHO
25 CODE, BY THE ADDITION OF A NEW SECTION 7-730, IDAHO CODE, TO PROVIDE COM-
26 PENSATION FOR MISCELLANEOUS EXPENSES; AMENDING CHAPTER 7, TITLE 7, IDAHO
27 CODE, BY THE ADDITION OF A NEW SECTION 7-731, IDAHO CODE, TO PROVIDE FOR
28 COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEMNATION PROCEEDINGS
29 AND FOR ADJUSTMENT AFTER JUDGMENT; AMENDING CHAPTER 7, TITLE 7, IDAHO
30 CODE, BY THE ADDITION OF A NEW SECTION 7-732, IDAHO CODE, TO PROVIDE THAT
31 RELOCATION PAYMENTS ARE NOT INCOME; AMENDING CHAPTER 7, TITLE 7, IDAHO
32 CODE, BY THE ADDITION OF A NEW SECTION 7-733, IDAHO CODE, TO PROVIDE FOR
33 REVIEW OF ELIGIBILITY DETERMINATIONS; AMENDING CHAPTER 7, TITLE 7, IDAHO
34 CODE, BY THE ADDITION OF A NEW SECTION 7-734, IDAHO CODE, TO PROVIDE THAT
35 EMINENT DOMAIN DAMAGES ARE UNAFFECTED; AMENDING CHAPTER 7, TITLE 7, IDAHO
36 CODE, BY THE ADDITION OF A NEW SECTION 7-735, IDAHO CODE, TO AUTHORIZE
37 RELOCATION ASSISTANCE AND PAYMENTS TO PERSONS DISPLACED BY A PROJECT OR
38 ACTIVITY WHICH IS SUBJECT TO THE PROVISIONS OF THE FEDERAL UNIFORM RELOCA-
39 TION ASSISTANCE REAL PROPERTY ACQUISITION POLICIES ACT; AND AMENDING CHAP-
40 TER 7, TITLE 7, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 7-736, IDAHO
41 CODE, TO PROVIDE FOR AWARDING COSTS AND ATTORNEY'S FEES.
42 Be It Enacted by the Legislature of the State of Idaho:
43 SECTION 1. That Chapter 7, Title 7, Idaho Code, be, and the same is
44 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
2
1 ignated as Section 7-722, Idaho Code, and to read as follows:
2 7-722. RELOCATION ASSISTANCE. The relocation and reestablishment of per-
3 sons, families, businesses, farmers and nonprofit organizations displaced as a
4 result of any exercise of the power of eminent domain shall not give rise to
5 additional damages compensable under this chapter. Relocation payments and
6 relocation advisory assistance shall be provided to all persons so displaced
7 in accordance with the terms and provisions of sections 7-724 through 7-736,
8 Idaho Code, except that such relocation payments and relocation advisory
9 assistance for persons displaced because of any highway program or for the
10 performance of any highway project shall be in accordance with the terms and
11 provisions of chapter 20, title 40, Idaho Code.
12 SECTION 2. That Chapter 7, Title 7, Idaho Code, be, and the same is
13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
14 ignated as Section 7-724, Idaho Code, and to read as follows:
15 7-724. RELOCATION AID FOR PERSONS DISPLACED BY PUBLIC PROGRAMS -- LEGIS-
16 LATIVE FINDING -- DEFINITION. (1) The legislature finds and declares that
17 the prompt and equitable relocation and reestablishment of persons, families,
18 businesses, farmers, and nonprofit organizations displaced as a result of any
19 state or local governmental program or project necessitating condemnation is a
20 necessary purpose, is a cost of those programs and projects and is a public
21 purpose. In order to ensure that individuals do not suffer disproportionate
22 injuries as a result of programs designed for the benefit of the public as a
23 whole, the legislature declares that relocation payments and relocation advi-
24 sory assistance shall be provided to all persons so displaced in accordance
25 with the terms and provisions of this section and sections 7-725 through
26 7-736, Idaho Code.
27 (2) The legislature finds and declares that rent supplement or purchase
28 assistance payments to tenants and relocation payments to owner-occupants,
29 businesses, and farmers in accordance with the provisions of this chapter are
30 a public purpose and are necessary to enable all displaced persons to obtain
31 decent, safe, and sanitary dwellings. The legislature further declares the
32 provisions of this section and sections 7-725 through 7-736, Idaho Code, may
33 be applied to all programs and projects.
34 (3) As used in this section and sections 7-725 through 7-736, Idaho Code:
35 a result of a written order of a condemner to vacate other real property, on
36 which a person conducts a business or farm operation, for a public program or
37 project necessitating condemnation.
38 (a) "Condemner" or "condemning authority" means the state of Idaho or any
39 department, agency or instrumentality of the state, or any county, munici-
40 pality, or other political subdivision or local unit of government, public
41 utility, school district, or any other governmental entity authorized by
42 law to acquire real property by condemnation for a public use.
43 (b) "Displaced person" means any individual, family, business or farm
44 operation which moves from real property or moves personal property from
45 real property acquired for a public program or project necessitating con-
46 demnation, in whole or in part, or as the result of a written order of a
47 condemner to vacate real property for a public program or project necessi-
48 tating condemnation, and, solely for the purposes of section 7-727, Idaho
49 Code, as a result of a written order of a condemner to vacate other real
50 property, on which a person conducts a business or farm operation, for a
51 public program or project necessitating condemnation.
3
1 SECTION 3. That Chapter 7, Title 7, Idaho Code, be, and the same is
2 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
3 ignated as Section 7-725, Idaho Code, and to read as follows:
4 7-725. RELOCATION ADVISORY ASSISTANCE. Any condemner is authorized, as a
5 part of the cost of any program or project, to give relocation advisory assis-
6 tance to any individual, family, business or farm operation displaced because
7 of the acquisition of real property for any public project. If any condemner
8 determines that any person occupying property immediately adjacent to the real
9 property acquired has been caused substantial economic injury because of the
10 acquisition, it shall offer him relocation advisory services.
11 SECTION 4. That Chapter 7, Title 7, Idaho Code, be, and the same is
12 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
13 ignated as Section 7-726, Idaho Code, and to read as follows:
14 7-726. LOCAL RELOCATION ADVISORY ASSISTANCE OFFICES. Any condemner may,
15 as a part of the cost of any public program or project, establish a local
16 relocation advisory assistance office or agency to assist in obtaining reloca-
17 tion facilities for individuals, families and businesses which must relocate
18 because of the acquisition of real property for any project necessitating con-
19 demnation.
20 SECTION 5. That Chapter 7, Title 7, Idaho Code, be, and the same is
21 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
22 ignated as Section 7-727, Idaho Code, and to read as follows:
23 7-727. RELOCATION EXPENSE -- COMPENSATION OPTIONS -- LIMIT OF COMPENSA-
24 TION FOR BUSINESS OR FARM RELOCATIONS -- DEFINITION. (1) As a part of the cost
25 of any public program or project, any condemner using any funds for public
26 purposes shall compensate a displaced person for his actual and reasonable
27 expense in moving himself, family, business or farm operation, including
28 moving personal property, and for any actual direct losses of tangible per-
29 sonal property as the result of moving or discontinuing a business or farm
30 operation, but not to exceed an amount equal to the reasonable expenses that
31 would have been required to relocate the property, as determined by the
32 condemner, and for actual reasonable expenses in searching for a replacement
33 business or farm. However, the compensation authorized by this section for
34 actual and reasonable moving expenses, actual direct losses of tangible per-
35 sonal property, and expenses in searching for a replacement farm or business
36 shall be limited to relocating a displaced person, family, business or farm
37 operation within a reasonable distance from the location previously occupied
38 and from which the displaced person has been required to move.
39 (2) Any displaced person who moves from a dwelling who elects to accept
40 the payments authorized by this subsection in lieu of the payments authorized
41 by subsection (1) of this section shall receive a moving expense allowance,
42 determined according to regulations and schedules established by the
43 condemner, not to exceed three hundred dollars ($300), and in addition a dis-
44 location allowance of two hundred dollars ($200).
45 (3) Any displaced person who moves or discontinues his business or farm
46 operation who elects to accept the payment authorized by this subsection in
47 lieu of the payment authorized by subsection (1) of this section, shall
48 receive a fixed relocation payment in an amount equal to the average annual
49 net earnings of the business or farm operation, except that the payment shall
50 not be less than two thousand five hundred dollars ($2,500) nor more than ten
4
1 thousand dollars ($10,000). In the case of a business, no payment shall be
2 made under this subsection unless the condemner is satisfied that the business
3 cannot be relocated without a substantial loss of patronage, and is not a part
4 of a commercial enterprise having at least one (1) other establishment not
5 being acquired which is engaged in the same or similar business. In addition
6 to the other requirements of this chapter, to be eligible for the payment
7 authorized by this subsection, the business or farm operation must make its
8 financial statements, accounting records, and state income tax returns avail-
9 able to the condemner for audit for confidential use in determining the pay-
10 ment or payments authorized by this subsection. Such financial statements,
11 accounting records and state income tax returns shall be subject to disclosure
12 according to chapter 3, title 9, Idaho Code.
13 (4) If any condemner determines that property, contiguous with property
14 acquired, owned or occupied by an individual, family, business or farm opera-
15 tion, has been damaged as the result of a public program or project, it shall
16 offer the individual, family, business or farm operation the same compensation
17 as it might offer to a displaced person under subsection (1), (2) or (3) of
18 this section and under sections 7-728 and 7-730, Idaho Code.
19 (5) As used in this section, "average annual net earnings" means one-half
20 (1/2) of any net earnings of the business or farm operation, before federal,
21 state and local income taxes, during the two (2) taxable years immediately
22 preceding the taxable year in which the business or farm operation moves from
23 the real property acquired for the project, or during any other period as the
24 condemner determines to be more equitable for establishing the earnings, and
25 includes any compensation paid by the business or farm operation to the owner,
26 his spouse, or his dependents during the two (2) year period, or any other
27 period as determined by the condemner.
28 SECTION 6. That Chapter 7, Title 7, Idaho Code, be, and the same is
29 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
30 ignated as Section 7-728, Idaho Code, and to read as follows:
31 7-728. PURCHASE ASSISTANCE TO RELOCATING OWNER-OCCUPANT -- LEASE OR DOWN
32 PAYMENT ASSISTANCE TO RELOCATING TENANT. (1) In addition to the payments
33 authorized by section 7-727, Idaho Code, a condemner shall make a payment to
34 the owner of a dwelling, provided the dwelling has been owned and occupied by
35 the owner for at least one hundred eighty (180) days prior to the first writ-
36 ten offer for the acquisition of the property. The payment shall not exceed
37 fifteen thousand dollars ($15,000) and shall be the amount, which, when added
38 to the acquisition payment, equals the reasonable cost required for a compara-
39 ble dwelling determined in accordance with standards established by the
40 condemner to be suitable to accommodate the displaced owner. The payment shall
41 be made only to a displaced owner who purchases and occupies a dwelling that
42 meets standards established by the condemner, not later than the end of a one
43 (1) year period beginning on the date on which he received final payment of
44 all costs of the acquired dwelling, or on the date on which he moves from the
45 acquired dwelling, whichever is the later date. Payment under this subsection
46 will include an amount which will compensate the displaced person for any
47 increased interest costs which the person is required to pay for financing the
48 acquisition of any comparable replacement dwelling. This amount will be paid
49 only if the dwelling acquired by the condemner was encumbered by a mortgage
50 which was a valid lien on the dwelling for not less than one hundred eighty
51 (180) days prior to the first written offer for the acquisition of the dwell-
52 ing. The amount shall be equal to the excess in the aggregate interest and
53 other debt service costs of that amount of the principal of the mortgage on
5
1 the replacement dwelling which is equal to the unpaid balance of the mortgage
2 on the acquired dwelling, over the remainder term of the mortgage on the
3 acquired dwelling, reduced to discounted current value. The discounted rate
4 shall be the prevailing interest rate paid on savings deposits by commercial
5 banks in the general area in which the replacement dwelling is located. This
6 amount shall also include reasonable expenses incurred by the displaced person
7 for evidence of title, recording fees, and other closing costs incident to the
8 purchase of the replacement dwelling, but shall not include prepaid expenses.
9 (2) In addition to the payments authorized by section 7-727, Idaho Code,
10 any condemner shall make a payment to any individual or family displaced from
11 any dwelling not eligible to receive a payment under subsection (1) of this
12 section, which dwelling was actually and lawfully occupied by the individual
13 or family for at least ninety (90) days prior to the first written offer for
14 the acquisition of the property. The payment, not to exceed four thousand dol-
15 lars ($4,000), shall be the additional amount which is necessary to enable the
16 individual or family to lease or rent for a period not to exceed four (4)
17 years, or to make a down payment, including reasonable expenses incurred by
18 the displaced person for evidence of title, recording fees, and other closing
19 costs incident to the purchase of a dwelling of standards adequate to accommo-
20 date the individual or family in areas not generally less desirable in regard
21 to public utilities and public and commercial facilities, except that if the
22 amount exceeds two thousand dollars ($2,000), the person must equally match
23 any payment in excess of two thousand dollars ($2,000), in making the down
24 payment.
25 SECTION 7. That Chapter 7, Title 7, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 7-729, Idaho Code, and to read as follows:
28 7-729. HOUSING REPLACEMENT AS LAST RESORT. (1) If any federally-assisted
29 program or project construction cannot commence because comparable replacement
30 sale or rental housing is not available, and the condemner determines that
31 housing cannot otherwise be made available, it may take action as is necessary
32 or appropriate to provide housing by use of funds authorized for the project.
33 (2) No displaced person shall be required to move from his dwelling on
34 account of any federally-assisted program or project, unless the condemner is
35 satisfied that replacement housing is available to the person, within a rea-
36 sonable period of time and at rents or prices within the financial means of
37 the families and individuals displaced, and reasonably accessible to their
38 places of employment.
39 SECTION 8. That Chapter 7, Title 7, Idaho Code, be, and the same is
40 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
41 ignated as Section 7-730, Idaho Code, and to read as follows:
42 7-730. COMPENSATION FOR MISCELLANEOUS EXPENSES. In addition to amounts
43 authorized by sections 7-724 through 7-736, Idaho Code, any condemner as a
44 part of the cost of any public program or project, shall reimburse the owner
45 of real property acquired for a project for reasonable and necessary expenses
46 incurred for:
47 (1) Recording fees, transfer taxes, and similar expenses incidental to
48 conveying the property;
49 (2) Penalty costs for prepayment of any mortgage entered into in good
50 faith encumbering the real property if the mortgage is on record or has been
51 filed for record under applicable state law on the date of final approval by
6
1 the condemner of the location of the project; and
2 (3) The pro rata share or portion of property taxes paid which are allo-
3 cable to a period subsequent to the date of vesting of title in the state or
4 the effective date of possession of the real property by the condemner, which-
5 ever is earlier.
6 SECTION 9. 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 7-731, Idaho Code, and to read as follows:
9 7-731. COMPUTATION OF REPLACEMENT HOUSING PAYMENT DURING CONDEMNATION
10 PROCEEDINGS -- ADJUSTMENT AFTER JUDGMENT. In the event an acquisition payment
11 to an owner-occupant for a dwelling cannot be finally determined because con-
12 demnation proceedings may become necessary or are pending against the prop-
13 erty, the replacement housing payment authorized by section 7-728(1), Idaho
14 Code, shall be made and computed as though the maximum offer of the condemner
15 for the property is the actual acquisition payment. In the event the final
16 award and judgment rendered in the condemnation proceedings exceeds the
17 condemner's highest offer, any difference between the offer and the judgment
18 shall be deducted from the replacement housing payment, but in no event shall
19 the judgment be reduced by more than the amount of the replacement housing
20 payment.
21 SECTION 10. That Chapter 7, Title 7, Idaho Code, be, and the same is
22 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
23 ignated as Section 7-732, Idaho Code, and to read as follows:
24 7-732. RELOCATION PAYMENTS NOT INCOME. No payment received under sections
25 7-724 through 7-736, Idaho Code, shall be considered as income for the pur-
26 poses of the state personal income tax law or state corporation tax law, nor
27 shall the payments be considered as income or resources to any recipient of
28 public assistance and the payments shall not be deducted from the amount of
29 aid to which the recipient would otherwise be entitled under the state public
30 assistance laws, nor shall the payments be considered as income or resources
31 for the purpose of determining the eligibility or the extent of eligibility of
32 any persons for public assistance.
33 SECTION 11. That Chapter 7, Title 7, Idaho Code, be, and the same is
34 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
35 ignated as Section 7-733, Idaho Code, and to read as follows:
36 7-733. REVIEW OF DETERMINATIONS. Any displaced person aggrieved by a
37 determination as to the eligibility for a payment authorized by sections 7-724
38 through 7-736, Idaho Code, or the amount of the payment, may have his applica-
39 tion reviewed. Proceedings for review of any action taken by the condemner
40 pursuant to this section shall be instituted under the provisions of chapter
41 52, title 67, Idaho Code.
42 SECTION 12. That Chapter 7, Title 7, Idaho Code, be, and the same is
43 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
44 ignated as Section 7-734, Idaho Code, and to read as follows:
45 7-734. EMINENT DOMAIN DAMAGES UNAFFECTED. Nothing contained in this chap-
46 ter shall be construed as creating, in any condemnation proceedings brought
47 under the power of eminent domain, any element of damages not in existence
7
1 under the laws of the state of Idaho on July 1, 2006.
2 SECTION 13. That Chapter 7, Title 7, Idaho Code, be, and the same is
3 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
4 ignated as Section 7-735, Idaho Code, and to read as follows:
5 7-735. FEDERAL UNIFORM RELOCATION ASSISTANCE ACT. (1) Notwithstanding
6 any other provision of law, when any department, agency or instrumentality of
7 the state, or any county, municipality, or other political subdivision, or any
8 other public or private entity undertakes any project or activity subject to
9 the provisions of the federal uniform relocation assistance and real property
10 acquisition policies act of 1970, as amended, public laws 91-646, and 100-17,
11 title IV, hereinafter the federal uniform relocation act, which results in the
12 acquisition of real property or in any person or persons being displaced from
13 their homes, businesses or farms, such state department, agency or instrumen-
14 tality, county, municipality or other political subdivision, or other public
15 or private entity is hereby authorized to provide relocation assistance, and
16 to make relocation payments to such displaced person and to do such other acts
17 and follow such procedures and practices as may be necessary to comply with
18 the provisions of the federal uniform relocation act.
19 (2) Any payment made or to be made under the authority granted herein
20 shall be for compensating or reimbursing the displaced person or owner of real
21 property in accordance with the requirements of the federal uniform relocation
22 act and such payments shall not for any purpose be deemed or considered com-
23 pensation for real property acquired or compensation for damages to remaining
24 property.
25 SECTION 14. That Chapter 7, Title 7, Idaho Code, be, and the same is
26 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
27 ignated as Section 7-736, Idaho Code, and to read as follows:
28 7-736. COSTS AND ATTORNEY'S FEES. Any moving and relocation costs which
29 will accrue as a result of a condemnation undertaken pursuant to this chapter
30 7, title 7, Idaho Code, shall be paid by the condemner as required by law. If
31 such costs are not paid by the condemner, the owner of the property shall be
32 awarded attorney's fees and costs incurred to recover the same.
STATEMENT OF PURPOSE
RS 16200
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 1433