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ID H0571
Bill
Status
3/12/2014
Primary Sponsor
Ways and Means Committee
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AI Summary
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Amends Idaho Code Section 42-1209 to clarify that eminent domain may still be exercised for concurrent public purposes under Chapter 7, Title 7, Idaho Code on irrigation and drainage entity property.
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Prohibits the exercise of eminent domain to acquire property that an irrigation or drainage entity owns, operates, and maintains for delivering water or providing drainage pursuant to existing rights and obligations.
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Applies to easements and rights-of-way of irrigation districts, Carey Act operating companies, nonprofit irrigation entities, lateral ditch associations, and drainage districts.
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Declared an emergency measure effective upon passage and approval, with retroactive application to June 1, 2012, for any court actions filed on or after that date or pending as of June 1, 2012.
Legislative Description
Amends existing law to provide that specified law shall not affect the exercise of the right of eminent domain for any concurrent public use of the property of an irrigation or drainage entity and to prohibit the exercise of eminent domain to acquire property that an irrigation or drainage entity owns, operates and maintains to deliver water or provide drainage pursuant to existing rights and obligations.
EASEMENTS AND RIGHTS-OF-WAY
Last Action
Introduced, read first time; referred to: Resources & Environment
3/13/2014