SENATE BILL NO. 1249

2006 Legislation

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SENATE BILL NO. 1249 – Eminent domain, disclosure

View Statement of Purpose / Fiscal Impact

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Bill Status


S1249.............................................................by BRANDT
EMINENT DOMAIN - Adds to existing law relating to eminent domain to provide
full and complete disclosure by the condemning authority to the defendants
regarding the amount of just compensation to which the condemning authority
claims the defendants are entitled.
                                                                        
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. 1249
                                                                        
                                         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 7-707A, IDAHO CODE, TO PROVIDE FULL AND COMPLETE
  4        DISCLOSURE  BY  THE  CONDEMNING  AUTHORITY TO THE DEFENDANTS REGARDING THE
  5        AMOUNT OF JUST COMPENSATION TO WHICH THE CONDEMNING AUTHORITY  CLAIMS  THE
  6        DEFENDANTS ARE ENTITLED.
                                                                        
  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 7-707A, Idaho Code, and to read as follows:
                                                                        
 11        7-707A.  DISCLOSURE  OF JUST COMPENSATION. Within ninety (90) days of ser-
 12    vice of the complaint for condemnation pursuant to section 7-707, Idaho  Code,
 13    the  condemning authority shall make a full and complete disclosure to defend-
 14    ants regarding the amount of just compensation to which the condemning author-
 15    ity claims the defendants are entitled as a result of the taking. This disclo-
 16    sure shall include the names, addresses and occupations  of  all  experts  the
 17    condemner  has  relied  upon  in assessing just compensation and a copy of all
 18    appraisal reports obtained by the condemner relating to  the  property  to  be
 19    acquired.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS 15568

Kelo highlights the need to restore the balance between property
owners and condemners.  This statute will require the condemning
authority to disclose its assessment of just compensation to the
property owner within three months of serving a Complaint for
condemnation. Existing statutes already require that the
condemning authority make a full, fair assessment of just
compensation prior to filing the Complaint.  This will simply
require that the property owner be given the information
available to and relied upon by the condemner.  This will give
property owners an opportunity to evaluate the condemning
authority's opinions prior to incurring costs and may increase
settlement, reducing the burden on the judicial system and
reducing costs and attorney's fees for both sides. 

 
                         FISCAL NOTE

This bill should have no fiscal impact at the State or local
level.  It merely requires condemners to share their information
with property owners and does not impose additional costs.



Contact:

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



STATEMENT OF PURPOSE/FISCAL NOTE                        S 1249