2006 Legislation
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SENATE BILL NO. 1242 – Eminent domain, facts


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Bill Status

S1242.............................................................by BRANDT
EMINENT DOMAIN - Amends existing law relating to eminent domain to provide
additional facts prerequisite to a taking.
01/11    Senate intro - 1st rdg - to printing
01/12    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. 1242
                                         BY BRANDT
  1                                        AN ACT
  4    Be It Enacted by the Legislature of the State of Idaho:
  5        SECTION  1.  That  Section  7-704,  Idaho Code, be, and the same is hereby
  6    amended to read as follows:
  7        7-704.  FACTS PREREQUISITE TO TAKING. Before property can be taken it must
  8    appear:
  9        1.  That the use to which it is to be applied is a use authorized by law.
 10        2.  That the taking is necessary to such use.
 11        3.  If already appropriated to some public use, that  the  public  use  to
 12    which it is to be applied is a more necessary public use.
 13        4.  That the property and all property rights to be acquired are necessary
 14    for  a  public  use at the time the complaint is filed, and that no additional
 15    property or property rights not needed for public use are being acquired.
 16        5.  In addition, for an electrical transmission line with  a  capacity  in
 17    excess of two hundred thirty (230) KV (kilovolts), to be constructed over pri-
 18    vate  real  property  actively  devoted  to agriculture, that a public meeting
 19    shall have been held following ten (10) days' notice, as provided  by  section
 20    60-109,  Idaho  Code, being published in a newspaper of general circulation in
 21    each county or counties in which the  transmission  line  is  proposed  to  be
 22    located with the last publication of the legal notice having occurred prior to
 23    the  public  meeting  at which testimony from interested persons regarding the
 24    transmission line location is received.

Statement of Purpose / Fiscal Impact

                         STATEMENT OF PURPOSE

                              RS 15556

This amendment to existing code will clarify that condemners may
only condemn land needed for public use, and will require the
condemner to state in the complaint that all property to be
acquired is for public use.  The goal is to avoid takings of
private property for private use with the power of eminent
domain, as in Kelo v. New London.

                         FISCAL NOTE

This legislation will not impose an additional cost to
government; it merely requires an additional statement to be made
by government to assure that the power of condemnation is not
being abused.  The statement will be in a complaint which is
already required and poses no additional cost to government at
the State or local level.


Name: Senator Skip Brandt          Representative Mike Moyle 
Phone: 332- 1326                   332-1000

STATEMENT OF PURPOSE/FISCAL NOTE                        S 1242