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H0483aa.......................................by TRANSPORTATION AND DEFENSE
IDAHO TRANSPORTATION DEPARTMENT - PROPERTY - Amends existing law to provide
that any person owning real property contiguous with surplus real property
for sale by the Idaho Transportation Department shall be notified and have
first option to purchase the surplus real property for an amount not less
than appraised value.
02/07 House intro - 1st rdg - to printing
02/08 Rpt prt - to Transp
02/15 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/25 3rd rdg as amen - PASSED - 65-1-4
AYES -- Andrus, Barrett, Bayer, Bedke, Bell, Bilbao, Black, Block,
Bock, Boe, Bolz, Bowers, Brackett, Bradford, Chadderdon, Chavez,
Chew, Clark, Collins, Crane, Durst, Eskridge, Hagedorn, Hart,
Harwood, Henbest, Henderson, Jaquet, Killen, King, Labrador, Lake,
LeFavour, Loertscher, Luker, Marriott, Mathews, McGeachin, Mortimer,
Moyle, Nielsen, Nonini, Pasley-Stuart, Patrick, Pence, Raybould,
Roberts, Rusche, Sayler, Schaefer, Shepherd(02), Shepherd(08),
Shirley, Shively, Smith(24), Smith(30)(Stanek), Snodgrass, Stevenson,
Thayn, Thomas, Vander Woude, Wills, Wood(27), Wood(35), Mr. Speaker
NAYS -- Ringo
Absent and excused -- Anderson, Kren, Ruchti, Trail
Floor Sponsor - Hart
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Transp
03/26 Rpt out - rec d/p - to 2nd rdg
03/27 2nd rdg - to 3rd rdg
Rls susp - PASSED - 33-2-0
AYES -- Andreason, Bair, Bastian, Bilyeu, Broadsword, Cameron,
Coiner, Corder, Darrington, Davis, Fulcher, Gannon(Gannon), Geddes,
Goedde, Hammond, Heinrich, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai(Sagness), McGee, McKague, McKenzie, Pearce,
Richardson, Siddoway, Stegner, Stennett, Werk
NAYS -- Burkett, Schroeder
Absent and excused -- None
Floor Sponsor - Hammond
Title apvd - to House
03/28 To enrol - Rpt enrol - Sp signed
03/31 Pres signed
04/01 To Governor
04/09 Governor signed
Session Law Chapter 382
Effective: 07/01/08
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 483 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 WITH 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 Second Regular Session - 2008Moved by Hart Seconded by Smith (24) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO H.B. NO. 483 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 34, delete "established" and 3 insert: "establishedappraised". 4 CORRECTION TO TITLE 5 On page 1, in line 6, following "PROPERTY" insert: "FOR AN AMOUNT NOT LESS 6 THAN THE APPRAISED VALUE".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-ninth Legislature Second Regular Session - 2008IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 483, 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 THAT ANY PERSON OWNING REAL PROPERTY CON- 4 TIGUOUS WITH 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 FOR AN AMOUNT NOT LESS THAN THE APPRAISED VALUE. 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 theestablishedappraised 35 value. If more than one (1) adjoining owner wants to purchase the property, a 36 private auction shall be held for such parties. If no owner of adjoining prop- 37 erty exercises his option to buy, the department may proceed to public sale.
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STATEMENT OF PURPOSE
RS 17826
This legislation amends Section 58-335A of the Idaho Code to
delete the cap on the value of surplus property that May be first
offered to contiguous property owners. The legislation will
allow all property declared surplus by the department to be first
offered for private sale or private auction to the contiguous
property owners. Surplus properties are those properties for
which the department has no use, nor does any other state or
local agency have a use.
This will ease the sale of surplus property by the department by
avoiding the more expensive public auction process. When there
are no interested buyers whose properties are contiguous to the
surplus property, the surplus property will be sold at public
auction. In all cases, the minimum price or minimum bid will be
the appraised value.
FISCAL NOTE
There is no fiscal impact as these surplus properties are
currently required by statute to be sold at their appraised value
or more, and will continue to be required to be sold at a minimum
of their appraised value if this legislation is enacted.
However, the department's expenses in disposing surplus
properties will be reduced as they will be holding fewer public
auctions, which have an average cost of about $5,000.00 each.
Contact
Name: Representative Phil Hart
Phone: (208) 332-1000
STATEMENT OF PURPOSE/FISCAL NOTE H 483aa
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