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H0525...................................................by LOCAL GOVERNMENT
EMINENT DOMAIN - Amends existing law to provide for a civil penalty; to
provide that a legally conforming property, use or structure, pursuant to
the local planning act, that is rendered nonconforming by prescription,
purchase or a taking, pursuant to the power of eminent domain, by an entity
or agency empowered to condemn property shall be deemed a conforming
property, use or structure and it shall retain all development and other
rights it would have had at the time of such acquisition as if such portion
of the subject property had not been acquired, which rights shall run with
the land.
02/13 House intro - 1st rdg - to printing
02/14 Rpt prt - to Loc Gov
02/21 Rpt out - rec d/p - to 2nd rdg
02/22 2nd rdg - to 3rd rdg
02/25 3rd rdg - PASSED - 48-18-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bolz, Bowers, Brackett, Bradford, Chadderdon, Clark, Collins, Crane,
Eskridge, Hagedorn, Hart, Harwood, Henderson, Labrador, Lake,
Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer, Moyle,
Nielsen, Nonini, Patrick, Raybould, Roberts, Schaefer, Shepherd(08),
Shirley, Snodgrass, Stevenson, Thayn, Thomas, Trail, Vander Woude,
Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Bock, Boe, Chavez, Chew, Durst, Henbest, Jaquet, Killen,
King, LeFavour, Pasley-Stuart, Pence, Ringo, Rusche, Sayler, Shively,
Smith(24), Smith(30)(Stanek)
Absent and excused -- Anderson, Kren, Ruchti, Shepherd(02)
Floor Sponsor - Moyle
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Loc Gov
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 525 BY LOCAL GOVERNMENT COMMITTEE 1 AN ACT 2 RELATING TO THE LOCAL PLANNING ACT; AMENDING SECTION 67-6527, IDAHO CODE, TO 3 PROVIDE FOR CIVIL PENALTIES IN CERTAIN INSTANCES, TO PROVIDE THAT A 4 LEGALLY CONFORMING PROPERTY, USE OR STRUCTURE THAT IS RENDERED NONCONFORM- 5 ING BY PRESCRIPTION, PURCHASE OR A TAKING PURSUANT TO THE POWER OF EMINENT 6 DOMAIN, BY AN ENTITY OR AGENCY EMPOWERED TO CONDEMN PROPERTY SHALL BE 7 DEEMED A CONFORMING PROPERTY, USE OR STRUCTURE AND IT SHALL RETAIN ALL 8 DEVELOPMENT AND OTHER RIGHTS IT WOULD HAVE HAD AT THE TIME OF SUCH ACQUI- 9 SITION AS IF SUCH PORTION OF THE SUBJECT PROPERTY HAD NOT BEEN ACQUIRED, 10 WHICH RIGHTS SHALL RUN WITH THE LAND. 11 Be It Enacted by the Legislature of the State of Idaho: 12 SECTION 1. That Section 67-6527, Idaho Code, be, and the same is hereby 13 amended to read as follows: 14 67-6527. VIOLATIONS -- CIVIL OR CRIMINAL PENALTIES -- ENFORCEMENT. (1) A 15 governing board may provide by ordinance for the enforcement of this chapter 16 or any ordinance or regulation made pursuant to this chapter. A violation of 17 any such ordinance or regulation may be declared a misdemeanor or a civil pen- 18 alty and the governing board may provide by ordinance for punishment thereof 19 by fine or imprisonment or by both. Local ordinances adopted pursuant to 20 authority granted by this chapter may be enforced by the imposition of infrac- 21 tion penalties. 22 (2)Except that wWhere property has been made nonconforming by the exer- 23 cise of eminent domain it shall not be a violation and no penalty, either 24 civil or criminal, shall result. A legally conforming property, use or struc- 25 ture that is rendered nonconforming by prescription, purchase or a taking pur- 26 suant to the power of eminent domain, by an entity or agency empowered to con- 27 demn property shall be deemed a conforming property, use or structure and it 28 shall retain all development and other rights it would have had at the time of 29 such acquisition as if such portion of the subject property had not been 30 acquired, which rights shall run with the land. 31 (3)In addition, wWhenever it appears to a governing board that any person 32 has engaged or is about to engage in any act or practice violating any provi- 33 sion of this chapter or an ordinance or regulation enacted pursuant to this 34 chapter, the governing board may institute a civil action in the district 35 court to enforce compliance with this chapter or any ordinance or regulation 36 enacted hereunder. Upon a showing that a person has engaged or is about to 37 engage in an act or practice constituting a violation of this chapter or ordi- 38 nance or regulation enacted hereunder, a permanent or temporary injunction, 39 restraining order, or such other relief as the court deems appropriate shall 40 be granted. The governing board shall not be required to furnish bond.
STATEMENT OF PURPOSE
RS 17775C1
This amendment to existing Idaho Code Section 67-6527, contained
within Idaho's Local Land Use Planning Act, shall ensure that
pre-existing property rights of private citizens are protected
and preserved after a portion of their property is condemned by a
condemning authority. The current statute merely addresses the
issue in the negative by stating that it shall not be a criminal
violation to own a property that has been rendered non-conforming
by the exercise of eminent domain. Numerous counties and
municipalities have adopted ordinances providing that such
properties after a partial condemnation shall not be deemed non-
conforming and the property owner's rights in relation to such
property are preserved or deemed "grandfathered." This
modification to the existing code section would protect and
preserve such pre-existing property rights, including rights to
future development of such properties, and clarify that when a
portion of such properties is taken pursuant to the power of
eminent domain such property rights, including future development
rights, are not being condemned or impaired by the condemning
authority unless otherwise specifically stated. In addition to
protection of property rights, this amendment will also avoid
unnecessary litigation and acquisition costs relating to whether
such condemning authority has condemned or eliminated such
"grandfathered" property rights.
FISCAL NOTE
This will not impose a cost at the state or local level. The
amendment merely preserves property rights for private citizens
that existed prior to condemnation of a portion of their
property.
Contact
Name: Representative Mike Moyle
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 525