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ID H0192
Bill
AI Summary
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Prohibits use of eminent domain to acquire private property for recreational purposes including bike paths, walking paths, greenways, or other alternate or limited use transportation corridors.
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Allows eminent domain for recreational corridors only when they are immediately adjacent and parallel to existing or permitted bridges, toll roads, byroads, plank and turnpike roads, and steam or electric railroads.
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Maintains existing restrictions on eminent domain use for economic development and requires clear and convincing evidence that condemned property endangers life, poses health risks, or threatens public safety before taking property in urban renewal areas or deteriorated areas.
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Allows judicial review of the rationale for condemnation by governmental entities exercising eminent domain power.
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Preserves governmental authority to condemn leasehold estates on property already owned by the government and maintains exemptions for utilities, railroads, and other uses expressly provided in the Idaho Constitution.
Legislative Description
Amends existing law to provide that eminent domain shall not be used to construct bike or walking paths for greenways or other alternate or limited use transportation corridors except where such bike or walking paths are immediately adjacent and parallel to existing or proposed bridges, toll roads, byroads, plank and turnpike roads.
EMINENT DOMAIN
Last Action
to St Aff
2/24/2011