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H0144aa.......................................by TRANSPORTATION AND DEFENSE SURPLUS REAL PROPERTY - Amends existing law relating to appraisement, lease and sale of public lands to provide that any person owning real property contiguous to certain surplus real property for sale by the Idaho Transportation Department shall be notified and have first option to purchase surplus real property; and to provide that the Idaho Transportation Department shall proceed to public sale if the owner of the adjoining property does not exercise his option to buy such surplus property. 02/09 House intro - 1st rdg - to printing 02/12 Rpt prt - to Transp 02/23 Rpt out - to Gen Ord 02/27 Rpt out amen - to engros 02/28 Rpt engros - 1st rdg - to 2nd rdg as amen 03/01 2nd rdg - to 3rd rdg as amen 03/05 3rd rdg as amen - PASSED - 56-13-1 AYES -- Anderson, Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block, Bock, Boe, Bolz, Brackett, Bradford, Chadderdon, Clark, Collins, Crane, Edmunson, Hagedorn, Hart, Harwood, Henbest, Henderson, Jaquet, King, Kren, Labrador, Lake, LeFavour, Loertscher, Luker, Marriott, Mathews, Mortimer, Moyle, Nielsen, Nonini, Patrick, Pence, Raybould, Ring, Roberts, Shepherd(2), Shepherd(8), Shirley, Shively, Snodgrass, Stevenson, Thayn, Trail, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker NAYS -- Chavez, Chew, Durst, Eskridge, Killen, Pasley-Stuart, Ringo, Ruchti, Rusche, Sayler, Schaefer, Smith(30), Smith(24) Absent and excused -- McGeachin Floor Sponsor - Hart Title apvd - to Senate 03/06 Senate intro - 1st rdg - to St Aff
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 144 BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO APPRAISEMENT, LEASE, AND SALE OF PUBLIC LANDS; AMENDING SECTION 3 58-335A, IDAHO CODE, TO PROVIDE THAT ANY PERSON OWNING REAL PROPERTY CON- 4 TIGUOUS TO SURPLUS REAL PROPERTY FOR SALE BY THE IDAHO TRANSPORTATION 5 DEPARTMENT SHALL BE NOTIFIED AND HAVE FIRST OPTION TO PURCHASE THE SURPLUS 6 REAL PROPERTY. 7 Be It Enacted by the Legislature of the State of Idaho: 8 SECTION 1. That Section 58-335A, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 58-335A. OTHER LANDS EXEMPT FROM ACT. The provisions of sections 58-331 11 through 58-335, Idaho Code, shall not apply to surplus real properties of the 12 Idaho transportation department, with the exclusion of office and maintenance 13 yard sites. The Idaho transportation board shall promulgate rules to govern 14 the sale of surplus real properties under this section, provided that in no 15 case shall a property be sold or exchanged for a value less than that estab- 16 lished through the appraisal process; and provided further that surplus real 17 property may be offered for sale or exchange to any tax-supported agency or 18 political subdivision of the state of Idaho, other than the state of Idaho or 19 its agencies, in whose jurisdiction the property is located, at a negotiated 20 price not to exceed the appraised value. Such surplus property sold or 21 exchanged for less than the appraised value must be used in perpetuity exclu- 22 sively for a public purpose which shall be stated in the deed of transfer. If 23 the stated use shall cease, the property shall revert to the ownership of the 24 Idaho transportation department. 25 For the purpose of acquiring highway rights-of-way, the Idaho transporta- 26 tion board is authorized to exchange surplus real property of the department 27 for other parcels of real property. In exchanging real properties, the board 28 shall cause both parcels of real property to be appraised, and either the 29 owner or the department shall pay to the other the difference in value. 30 Before the department disposes of surplus property at public sale,if the31property is valued at less than ten thousand dollars ($10,000),the department 32 shall first notify any person who owns real property which is contiguous with 33 the surplus property of the department that he has first option to purchase 34 the surplus property for an amount not less than the established value. If 35 more than one (1) adjoining owner wants to purchase the property, a private 36 auction shall be held for such parties. If no owner of adjoining property 37 exercises his option to buy, the department may proceed to public sale.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007Moved by Bedke Seconded by Nonini IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 144 1 AMENDMENTS TO SECTION 1 2 On page 1 of the printed bill, in line 10, following "ACT." insert: "(1)"; 3 in line 16, following "process" insert: "except as provided in this subsection 4 (1)"; in line 25, delete "For" and insert: "(2) For"; delete lines 30 and 31 5 and insert: 6 "(3) Before the department disposes of surplus propertyat public sale,7if the property isvalued at less thantenfifty thousand dollars ($150,000) 8 or is less than one (1) acre, the department"; in line 33, delete "the sur- 9 plus" and insert: "thesuch surplus"; and in line 37, delete "may" and insert: 10 "mayshall then". 11 CORRECTIONS TO TITLE 12 On page 1, in line 3, following "CODE," insert: "TO PROVIDE REFERENCE TO 13 AN EXCEPTION,"; in line 4, following "TIGUOUS TO" insert: "CERTAIN"; and in 14 line 6, following "PROPERTY" insert: ", TO PROVIDE THAT THE DEPARTMENT SHALL 15 PROCEED TO PUBLIC SALE IF THE OWNER OF ADJOINING PROPERTY DOES NOT EXERCISE 16 HIS OPTION TO BUY SUCH SURPLUS PROPERTY AND TO MAKE TECHNICAL CHANGES".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature First Regular Session - 2007IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 144, As Amended BY TRANSPORTATION AND DEFENSE COMMITTEE 1 AN ACT 2 RELATING TO APPRAISEMENT, LEASE, AND SALE OF PUBLIC LANDS; AMENDING SECTION 3 58-335A, IDAHO CODE, TO PROVIDE REFERENCE TO AN EXCEPTION, TO PROVIDE THAT 4 ANY PERSON OWNING REAL PROPERTY CONTIGUOUS TO CERTAIN SURPLUS REAL PROP- 5 ERTY FOR SALE BY THE IDAHO TRANSPORTATION DEPARTMENT SHALL BE NOTIFIED AND 6 HAVE FIRST OPTION TO PURCHASE THE SURPLUS REAL PROPERTY, TO PROVIDE THAT 7 THE DEPARTMENT SHALL PROCEED TO PUBLIC SALE IF THE OWNER OF ADJOINING 8 PROPERTY DOES NOT EXERCISE HIS OPTION TO BUY SUCH SURPLUS PROPERTY AND TO 9 MAKE TECHNICAL CHANGES. 10 Be It Enacted by the Legislature of the State of Idaho: 11 SECTION 1. That Section 58-335A, Idaho Code, be, and the same is hereby 12 amended to read as follows: 13 58-335A. OTHER LANDS EXEMPT FROM ACT. (1) The provisions of sections 14 58-331 through 58-335, Idaho Code, shall not apply to surplus real properties 15 of the Idaho transportation department, with the exclusion of office and main- 16 tenance yard sites. The Idaho transportation board shall promulgate rules to 17 govern the sale of surplus real properties under this section, provided that 18 in no case shall a property be sold or exchanged for a value less than that 19 established through the appraisal process except as provided in this subsec- 20 tion (1); and provided further that surplus real property may be offered for 21 sale or exchange to any tax-supported agency or political subdivision of the 22 state of Idaho, other than the state of Idaho or its agencies, in whose juris- 23 diction the property is located, at a negotiated price not to exceed the 24 appraised value. Such surplus property sold or exchanged for less than the 25 appraised value must be used in perpetuity exclusively for a public purpose 26 which shall be stated in the deed of transfer. If the stated use shall cease, 27 the property shall revert to the ownership of the Idaho transportation depart- 28 ment. 29 (2) For the purpose of acquiring highway rights-of-way, the Idaho trans- 30 portation board is authorized to exchange surplus real property of the depart- 31 ment for other parcels of real property. In exchanging real properties, the 32 board shall cause both parcels of real property to be appraised, and either 33 the owner or the department shall pay to the other the difference in value. 34 (3) Before the department disposes of surplus propertyat public sale, if35the property isvalued at less thantenfifty thousand dollars ($150,000) or 36 is less than one (1) acre, the department shall first notify any person who 37 owns real property which is contiguous withthesuch surplus property of the 38 department that he has first option to purchase the surplus property for an 39 amount not less than the established value. If more than one (1) adjoining 40 owner wants to purchase the property, a private auction shall be held for such 41 parties. If no owner of adjoining property exercises his option to buy, the 42 departmentmayshall then proceed to public sale.
STATEMENT OF PURPOSE RS 16940 This legislation amends section 58-335A of the Idaho Code to provide that the Idaho Department of Transportation will first offer surplus real property to those property owners who proprieties are contiguous to the surplus property being offered. If enacted into law, this provision will change the current statute where this requirement applies to all properties instead of only properties whose value is less than $10,000. FISCAL NOTE There is no fiscal impact as these surplus properties are currently required by statute to be sold at market value, and will continue to be required to be sold at market value if this legislation is enacted. Contact Name: Representative Phil Hart Phone: 208-332-1000 Representative Bob Nonini STATEMENT OF PURPOSE/FISCAL NOTE H 144