View Bill Status
View Bill Text
View Statement of Purpose / Fiscal Impact
HJR005..................................................by LOCAL GOVERNMENT
EMINENT DOMAIN - Proposing an amendment to the Constitution of the State of
Idaho relating to eminent domain to clarify that the material resources of
the state are the natural material resources of the state; and to provide
that the taking of private property for the use, transfer to, or benefit of
other private parties is hereby expressly declared not to be a public use
for which eminent domain is authorized, except for such uses necessary to
the complete development of the natural material resources of the state as
specified in the first paragraph of Section 14, Article I, of the
Constitution of the State of Idaho, or to provide public utilities.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - Held at Desk
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE HOUSE OF REPRESENTATIVES
HOUSE JOINT RESOLUTION NO. 5
BY LOCAL GOVERNMENT COMMITTEE
1 A JOINT RESOLUTION
2 PROPOSING AN AMENDMENT TO SECTION 14, ARTICLE I, OF THE CONSTITUTION OF THE
3 STATE OF IDAHO, RELATING TO RIGHT OF EMINENT DOMAIN, TO CLARIFY THAT THE
4 MATERIAL RESOURCES OF THE STATE ARE THE NATURAL MATERIAL RESOURCES OF THE
5 STATE, AND TO PROVIDE THAT THE TAKING OF PRIVATE PROPERTY FOR THE USE,
6 TRANSFER TO, OR BENEFIT OF OTHER PRIVATE PARTIES IS HEREBY EXPRESSLY
7 DECLARED NOT TO BE A PUBLIC USE FOR WHICH EMINENT DOMAIN IS AUTHORIZED,
8 EXCEPT FOR SUCH USES NECESSARY TO THE COMPLETE DEVELOPMENT OF THE NATURAL
9 MATERIAL RESOURCES OF THE STATE AS SPECIFIED IN THE FIRST PARAGRAPH OF
10 SECTION 14, ARTICLE I, OF THE CONSTITUTION OF THE STATE OF IDAHO, OR TO
11 PROVIDE PUBLIC UTILITIES; STATING THE QUESTION TO BE SUBMITTED TO THE
12 ELECTORATE; DIRECTING THE LEGISLATIVE COUNCIL TO PREPARE THE STATEMENTS
13 REQUIRED BY LAW; AND DIRECTING THE SECRETARY OF STATE TO PUBLISH THE
14 AMENDMENT AND ARGUMENTS AS REQUIRED BY LAW.
15 Be It Resolved by the Legislature of the State of Idaho:
16 SECTION 1. That Section 14, Article I, of the Constitution of the State
17 of Idaho be amended to read as follows:
18 SECTION 14. RIGHT OF EMINENT DOMAIN. The necessary use of lands
19 for the construction of reservoirs or storage basins, for the purpose
20 of irrigation, or for rights of way for the construction of canals,
21 ditches, flumes or pipes, to convey water to the place of use for any
22 useful, beneficial or necessary purpose, or for drainage; or for the
23 drainage of mines, or the working thereof, by means of roads, rail-
24 roads, tramways, cuts, tunnels, shafts, hoisting works, dumps, or
25 other necessary means to their complete development, or any other use
26 necessary to the complete development of the natural material
27 resources of the state, or the preservation of the health of its
28 inhabitants, is hereby declared to be a public use, and subject to
29 the regulation and control of the state.
30 Private property may be taken for public use, but not until a
31 just compensation, to be ascertained in the manner prescribed by law,
32 shall be paid therefor.
33 The taking of private property for the use, transfer to, or ben-
34 efit of other private parties is hereby expressly declared not to be
35 a public use for which eminent domain is authorized, except for such
36 uses necessary to the complete development of the natural material
37 resources of the state as specified in the first paragraph of this
38 Section 14, or to provide public utilities.
39 SECTION 2. The question to be submitted to the electors of the State of
40 Idaho at the next general election shall be as follows:
41 "Shall Section 14, Article I, of the Constitution of the State of Idaho be
42 amended to clarify that the material resources of the state are the natural
2
1 material resources of the state, and to provide that the taking of private
2 property for the use, transfer to, or benefit of other private parties is
3 hereby expressly declared not to be a public use for which eminent domain is
4 authorized, except for such uses necessary to the complete development of the
5 natural material resources of the state as specified in the first paragraph of
6 Section 14, Article I, of the Constitution of the State of Idaho, or to pro-
7 vide public utilities?".
8 SECTION 3. The Legislative Council is directed to prepare the statements
9 required by Section 67-453, Idaho Code, and file the same.
10 SECTION 4. The Secretary of State is hereby directed to publish this pro-
11 posed constitutional amendment and arguments as required by law.
STATEMENT OF PURPOSE
RS 15986
This legislation is proposing an amendment to Section 14, Article
I, of the Constitution of the State of Idaho, relating to Right of
Eminent Domain, to clarify and to provide that the taking of
private property for the use, transfer to, or benefit of other
private parties is hereby expressly declared not to be a public use
for which eminent domain is authorized except for such uses
necessary to the complete development of the natural material
resources of the state as specified in the first paragraph of
Section 14, Article I, of the Constitution of the State of Idaho,
or to provide public utilities; stating the question to be
submitted to the electorate; and Directing the Secretary of State
to publish the amendment and arguments as required by law.
FISCAL NOTE
There is an approximate $50,000 fiscal impact for publication
costs.
Contact
Name: Rep Lenore Hardy Barrett
Representatives Cliff Bayer, JoAn Wood, Dick Harwood, Shirley McKague, Phil Hart,
Pete Nielsen, Jana Kemp, Gary Collins, Clete Edmondson, Rus Matthews, Paul
Shepherd, Ken Andrus, Larry Bradford, Bill Sali, Ann Rydalch, Janice McGeachin,
Ken Roberts
Senators Gerry Sweet, Monty Pearce, Patti Ann Lodge
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE HJR 5