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ID S1046

Bill

Status

Introduced

1/30/2013

Primary Sponsor

Local Government and Taxation Committee

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Origin

Senate

2013 Regular Session

AI Summary

  • Prohibits use of eminent domain to acquire private property for trails, paths, greenways, or other ways for walking, running, hiking, bicycling, or equestrian use unless adjacent to a highway, road, or street

  • Maintains existing restrictions on eminent domain use for economic development purposes and prevents taking property as pretext for private transfer

  • Allows eminent domain for urban renewal, housing authority, or deteriorated area projects only when property meets strict conditions including general dilapidation, compromised structural integrity, and actual identifiable threats to life or health

  • Exempts uses expressly provided in Idaho Constitution and certain utilities and infrastructure projects under specified Idaho Code chapters from the restrictions

  • Ensures governmental entity's rationale for condemnation is subject to judicial review in eminent domain proceedings

Legislative Description

Amends existing law to provide that eminent domain shall not be used for trails, paths, greenways or other ways for walking, running, hiking, bicycling or equestrian use, unless adjacent to a highway, road or street.

EMINENT DOMAIN

Last Action

Reported Printed; referred to Local Government & Taxation

1/31/2013

Committee Referrals

Judiciary and Rules1/30/2013

Full Bill Text

No bill text available