2007 Legislation
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HOUSE BILL NO. 144 – Real property, surplus, ITD, notice

HOUSE BILL NO. 144

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Bill Status



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

Bill Text


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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  the
 31    property 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.

Amendment


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                                                     Moved 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 property at public sale,
  7    if the property is valued at less than ten fifty thousand  dollars  ($150,000)
  8    or  is  less  than one (1) acre, the department"; in line 33, delete "the sur-
  9    plus" and insert: "the such surplus"; and in line 37, delete "may" and insert:
 10    "may shall 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".

Engrossed Bill (Original Bill with Amendment(s) Incorporated)


                                                                        
                                                                        
  ]]]]              LEGISLATURE OF THE STATE OF IDAHO             ]]]]
 Fifty-ninth Legislature                   First Regular Session - 2007
                                                                        
                                                                        
                              IN 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 property at public sale, if
 35    the  property  is valued at less than ten fifty 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 with the such 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    department may shall then proceed to public sale.

Statement of Purpose / Fiscal Impact



                       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