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ID S1044

Bill

Status

Passed

3/26/2015

Primary Sponsor

Local Government and Taxation Committee

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Origin

Senate

2015 Regular Session

AI Summary

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

  • Maintains existing exceptions to eminent domain restrictions for housing authorities, urban renewal areas, and deteriorated areas when property meets clear and convincing evidence standards for structural danger, health risks, or public welfare threats.

  • Allows governmental entities to continue condemning leasehold estates on property they already own.

  • Makes condemnation rationale subject to free judicial review in eminent domain proceedings.

  • Preserves eminent domain authority for uses expressly provided in Idaho's state constitution and for purposes under specified Idaho Code chapters.

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

Signed by Governor on 03/26/15 Session Law Chapter 122 Effective: 07/01/2015

3/26/2015

Committee Referrals

Local Government2/24/2015
Judiciary and Rules2/5/2015

Full Bill Text

No bill text available