Print Friendly HOUSE BILL NO. 617
– Modified local improvement dist
HOUSE BILL NO. 617
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H0617...............................................by REVENUE AND TAXATION
MODIFIED IMPROVEMENT DISTRICTS - Amends existing law relating to local
improvement districts to revise the terms and conditions in the creation of
a modified local improvement district.
03/11 House intro - 1st rdg - to printing
03/12 Rpt prt - to Rev/Tax
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-ninth Legislature Second Regular Session - 2008
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 617
BY REVENUE AND TAXATION COMMITTEE
1 AN ACT
2 RELATING TO LOCAL IMPROVEMENT DISTRICTS; AMENDING SECTION 50-1705, IDAHO CODE,
3 TO REVISE THE TERMS AND CONDITIONS IN THE CREATION OF A MODIFIED LOCAL
4 IMPROVEMENT DISTRICT.
5 Be It Enacted by the Legislature of the State of Idaho:
6 SECTION 1. That Section 50-1705, Idaho Code, be, and the same is hereby
7 amended to read as follows:
8 50-1705. MODIFIED DISTRICT. Whenever any local improvement shall be of
9 such nature and character that the special benefits resulting therefrom extend
10 beyond the boundaries of the property abutting the improvement or whenever the
11 special benefits do not accrue to some or all properties abutting the improve-
12 ments, but to other properties, the council may create a modified local
13 improvement district, which shall include as near as may be determined all the
14 property especially benefited by such improvements. Provided however, that by
15 unanimous agreement of the property owners to be assessed, properties may be
16 included or excluded from the local improvement district regardless of whether
17 they are specially benefited by the improvements. When such modified district
18 is created, all property therein shall be assessed for a portion of the cost
19 and expenses of such improvements, to be determined and fixed by the council
20 when the district is created. Upon notice to all property owners in a modified
21 district, and after a hearing held not sooner than fourteen (14) days after
22 the notice, properties may be excluded from a modified district by a majority
23 vote of the members of the full council of the governing body of the munici-
24 pality. Properties excluded from the modified local improvement district shall
25 not be assessed for any portion of the cost and expenses of improvements in
26 the modified district regardless of whether they are specially benefited by
27 the improvements.
STATEMENT OF PURPOSE
The purpose of this legislation is to allow the sponsoring
governing body an option to exclude property owners from a modified
Local Improvement District and address the property assessment.
The present law allows a modified local improvement district
inclusion or exclusion by unanimous agreement of all property
This legislation will have no fiscal impact on the state.
Name: Lynn Tominaga, Lindsey Lateral Water Users Association
STATEMENT OF PURPOSE/FISCAL NOTE H 617