View Bill Status
View Bill Text
View Amendment
View Engrossed Bill (Original Bill with Amendment(s) Incorporated)
View Statement of Purpose / Fiscal Impact
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 - 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.
]]]] 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".
]]]] 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
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