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S1243aa...........................................................by BRANDT
EMINENT DOMAIN - Amends existing law relating to eminent domain to require
that a complaint shall contain an order of condemnation, or resolution, or
other official and binding document entered by the plaintiff which sets
forth and clearly identifies all property rights to be acquired, including
rights to and from the public way, and permanent and temporary easements
known or reasonably identifiable to the condemning authority.
01/11 Senate intro - 1st rdg - to printing
01/12 Rpt prt - to St Aff
02/28 Rpt out - to 14th Ord
03/14 Rpt out amen - to engros
03/15 Rpt engros - 1st rdg - to 2nd rdg as amen
03/16 2nd rdg - to 3rd rdg as amen
03/20 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough,
Langhorst, Little, Lodge, Malepeai, McGee, McKenzie, Pearce,
Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- Marley
Floor Sponsor - Brandt
Title apvd - to House
03/21 House intro - 1st rdg - Held at Desk
03/23 Ref'd to St Aff
03/27 Rpt out - rec d/p - to 2nd rdg
03/28 2nd rdg - to 3rd rdg
04/11 3rd rdg - PASSED - 67-0-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Brackett, Bradford, Cannon,
Chadderdon, Clark, Collins, Crow, Deal, Denney, Edmunson, Ellsworth,
Eskridge, Field(18), Field(23), Garrett, Hart, Harwood, Henbest,
Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez,
Mathews, McGeachin, McKague, Miller, Moyle, Nielsen, Nonini,
Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche,
Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley,
Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Wills,
Wood, Mr. Speaker
NAYS -- None
Absent and excused -- Bolz, Mitchell, Trail
Floor Sponsor - Moyle
Title apvd - to Senate
04/11 To enrol - Rpt enrol - Pres signed - Sp signed
To Governor
04/14 Governor signed
Session Law Chapter 450
Effective: 07/01/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1243
BY BRANDT
1 AN ACT
2 RELATING TO EMINENT DOMAIN; AMENDING SECTION 7-707, IDAHO CODE, TO REQUIRE
3 THAT A COMPLAINT SHALL CONTAIN AN ORDER OF CONDEMNATION, OR RESOLUTION, OR
4 OTHER OFFICIAL AND BINDING DOCUMENT ENTERED BY THE PLAINTIFF WHICH SETS
5 FORTH AND CLEARLY IDENTIFIES ALL PROPERTY RIGHTS TO BE ACQUIRED INCLUDING
6 RIGHTS TO AND FROM THE PUBLIC WAY, AND PERMANENT AND TEMPORARY EASEMENTS
7 AND TO MAKE A TECHNICAL CORRECTION; AND AMENDING SECTION 40-506, IDAHO
8 CODE, TO PROVIDE A CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORREC-
9 TION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 7-707, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 7-707. COMPLAINT. The complaint must contain:
14 1. The name of the corporation, association, commission or person in
15 charge of the public use for which the property is sought, who must be styled
16 plaintiff.
17 2. The names of all owners and claimants of the property, if known, or a
18 statement that they are unknown, who must be styled defendants.
19 3. A statement of the right of the plaintiff.
20 4. If a right-of-way be sought, the complaint must show the location,
21 general route and termini, and must be accompanied with maps thereof.
22 5. A description of each piece of land sought to be taken, and whether
23 the same includes the whole, or only a part, of an entire parcel or tract. All
24 parcels lying in the county, and required for the same public use, may be
25 included in the same or separate proceedings, at the option of the plaintiff,
26 but the court may consolidate or separate them to suit the convenience of the
27 parties.
28 6. An order of condemnation, or resolution, or other official and binding
29 document entered by the plaintiff which sets forth and clearly identifies all
30 property rights to be acquired including rights to and from the public way,
31 and permanent and temporary easements.
32 7. In all cases where the owner of the lands sought to be taken resides
33 in the county in which said lands are situated, a statement that the plaintiff
34 has sought, in good faith, to purchase the lands so sought to be taken, or
35 settle with the owner for the damages which might result to his property from
36 the taking thereof, and was unable to make any reasonable bargain therefor, or
37 settlement of such damages; but in all other cases these facts need not be
38 alleged in the complaint, or proved.
39 SECTION 2. That Section 40-506, Idaho Code, be, and the same is hereby
40 amended to read as follows:
41 40-506. COMPENSATION FOR TAKING CERTAIN PROPERTY. (1) The department is
2
1 authorized to acquire by purchase, gift or condemnation, all advertising dis-
2 plays and any property rights pertaining to them, when those advertising dis-
3 plays are required to be removed under the provisions of chapter 19, title 40,
4 Idaho Code.
5 (2) In any appropriation for this purpose the department shall pay com-
6 pensation under existing eminent domain law only for the following:
7 (a) The taking from the owner of a sign, display, or device of all right,
8 title, leasehold, and interest in the sign, display or device; and
9 (b) The taking from the owner of the real property on which the sign,
10 display, or device is located, of the right to erect and maintain signs,
11 displays and devices on that property. Where setback easements restricting
12 the erection of structures or advertising displays have been recorded by
13 the state on land where those structures have been erected, the landowner
14 of the land shall be deemed to have been fully compensated for them.
15 (3) In any action at law instituted by the department under this section
16 the state shall not be required, as a prerequisite, to the taking of or appro-
17 priation to comply with section 7-704(2.) or section 7-707(6)7., Idaho Code.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
Moved by Brandt
Seconded by Davis
IN THE SENATE
SENATE AMENDMENT TO S.B. NO. 1243
1 AMENDMENT TO SECTION 1
2 On page 1 of the printed bill, in line 31, following "easements" insert:
3 "known or reasonably identifiable to the condemning authority".
4 CORRECTION TO TITLE
5 On page 1, in line 6, following "EASEMENTS" insert: "KNOWN OR REASONABLY
6 IDENTIFIABLE TO THE CONDEMNING AUTHORITY".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature Second Regular Session - 2006
IN THE SENATE
SENATE BILL NO. 1243, As Amended
BY BRANDT
1 AN ACT
2 RELATING TO EMINENT DOMAIN; AMENDING SECTION 7-707, IDAHO CODE, TO REQUIRE
3 THAT A COMPLAINT SHALL CONTAIN AN ORDER OF CONDEMNATION, OR RESOLUTION, OR
4 OTHER OFFICIAL AND BINDING DOCUMENT ENTERED BY THE PLAINTIFF WHICH SETS
5 FORTH AND CLEARLY IDENTIFIES ALL PROPERTY RIGHTS TO BE ACQUIRED INCLUDING
6 RIGHTS TO AND FROM THE PUBLIC WAY, AND PERMANENT AND TEMPORARY EASEMENTS
7 KNOWN OR REASONABLY IDENTIFIABLE TO THE CONDEMNING AUTHORITY AND TO MAKE A
8 TECHNICAL CORRECTION; AND AMENDING SECTION 40-506, IDAHO CODE, TO PROVIDE
9 A CORRECT CODE REFERENCE AND TO MAKE A TECHNICAL CORRECTION.
10 Be It Enacted by the Legislature of the State of Idaho:
11 SECTION 1. That Section 7-707, Idaho Code, be, and the same is hereby
12 amended to read as follows:
13 7-707. COMPLAINT. The complaint must contain:
14 1. The name of the corporation, association, commission or person in
15 charge of the public use for which the property is sought, who must be styled
16 plaintiff.
17 2. The names of all owners and claimants of the property, if known, or a
18 statement that they are unknown, who must be styled defendants.
19 3. A statement of the right of the plaintiff.
20 4. If a right-of-way be sought, the complaint must show the location,
21 general route and termini, and must be accompanied with maps thereof.
22 5. A description of each piece of land sought to be taken, and whether
23 the same includes the whole, or only a part, of an entire parcel or tract. All
24 parcels lying in the county, and required for the same public use, may be
25 included in the same or separate proceedings, at the option of the plaintiff,
26 but the court may consolidate or separate them to suit the convenience of the
27 parties.
28 6. An order of condemnation, or resolution, or other official and binding
29 document entered by the plaintiff which sets forth and clearly identifies all
30 property rights to be acquired including rights to and from the public way,
31 and permanent and temporary easements known or reasonably identifiable to the
32 condemning authority.
33 7. In all cases where the owner of the lands sought to be taken resides
34 in the county in which said lands are situated, a statement that the plaintiff
35 has sought, in good faith, to purchase the lands so sought to be taken, or
36 settle with the owner for the damages which might result to his property from
37 the taking thereof, and was unable to make any reasonable bargain therefor, or
38 settlement of such damages; but in all other cases these facts need not be
39 alleged in the complaint, or proved.
40 SECTION 2. That Section 40-506, Idaho Code, be, and the same is hereby
41 amended to read as follows:
2
1 40-506. COMPENSATION FOR TAKING CERTAIN PROPERTY. (1) The department is
2 authorized to acquire by purchase, gift or condemnation, all advertising dis-
3 plays and any property rights pertaining to them, when those advertising dis-
4 plays are required to be removed under the provisions of chapter 19, title 40,
5 Idaho Code.
6 (2) In any appropriation for this purpose the department shall pay com-
7 pensation under existing eminent domain law only for the following:
8 (a) The taking from the owner of a sign, display, or device of all right,
9 title, leasehold, and interest in the sign, display or device; and
10 (b) The taking from the owner of the real property on which the sign,
11 display, or device is located, of the right to erect and maintain signs,
12 displays and devices on that property. Where setback easements restricting
13 the erection of structures or advertising displays have been recorded by
14 the state on land where those structures have been erected, the landowner
15 of the land shall be deemed to have been fully compensated for them.
16 (3) In any action at law instituted by the department under this section
17 the state shall not be required, as a prerequisite, to the taking of or appro-
18 priation to comply with section 7-704(2.) or section 7-707(6)7., Idaho Code.
STATEMENT OF PURPOSE
RS 15562
This amendment to existing code shall require condemners to
clearly set forth in the complaint a description of the property
and property rights to be acquired. This will remove any
ambiguity about which rights are being acquired as part of the
condemnation, and shall give the condemner the right to make that
decision, via an order or other resolution entered by the
condemner. This will prevent any ambiguity or argument about
what is or is not being taken via condemnation.
FISCAL NOTE
This will not impose a cost at the State or local level; it
merely requires the condemner to incorporate into the complaint
some evidence of what the condemner seeks to acquire. There may
be a cost savings to condemners as property owners would be on
notice regarding exactly what is being taken and any ambiguity or
argument over that issue will be eliminated by requiring the
complaint to state the taking expressly.
Contact:
Name: Representative Mike Moyle
Phone: 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE S 1243aa
REVISED REVISED REVISED REVISED