Idaho Bills
3 bills · 2020 Regular Session
Amends existing law to remove language prohibiting the use of eminent domain for the purpose of certain recreational trails.
Ilana Rubel · HD-018A
Amends existing law to provide a certain limitation for private property and to provide that certain persons may not serve as a commissioner for an urban renewal board.
This bill includes two changes to Idaho's urban renewal law: 1. Currently, urban renewal boards are not required to be elected by the citizens, but they have the power of eminent domain. These boards are created by a municipality whose governance, be it city council or county commission, are elected by the people and also have the power of eminent domain. This bill seeks to remove the power of eminent domain from unelected urban renewal boards, making them advisory only on such issues, and moving the final decision to the elected municipal body. This will result in more direct accountability to the voters. 2. If an elected person is appointed to an urban renewal board, they must vacate their position upon leaving that elected position, though this would not preclude them from being reappointed in a different capacity.
29 – 5
Amends existing law to revise provisions regarding the assessment of certain damages.
In the 2000 Legislative Session, the Idaho Legislature passed, and the governor signed House Bill 681 to define "just compensation" in the event of an eminent domain taking. Just compentsation is a constitutional requirement in the event of a taking under eminent domain condemnation law. The question of how "just" the compensation may be is established, in part, through statute. Idaho Supreme and District Court cases have demonstrated a need to further define just compensation in Idaho Code. Inspired by those cases, this proposed legislation clarifies what can be considered just compensation in eminent domain condemnations that damage businesses and business operations.