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ID S1348

Bill

Status

Introduced

2/19/2016

Primary Sponsor

State Affairs Committee

Click for details

Origin

Senate

2016 Regular Session

AI Summary

  • Clarifies that tax deeds issued under Idaho Code sections 43-720, 50-1823, and 63-1009 convey title free of encumbrances, but this does not include easements, highways, rights-of-way, or other valid third-party property interests.

  • Responds to the Regan v. Owen case by rejecting the interpretation that tax deeds could extinguish private easements, public utility easements, conservation easements, and other valid property rights held by third parties.

  • Specifies that tax deeds convey only the title owned by the delinquent taxpayer and do not allow local governments to destroy valid property interests held by others, which would constitute an uncompensated taking of property.

  • Amends Section 43-720 (irrigation entities), Section 50-1823 (cities), and Section 63-1009 (general tax deed provisions) to explicitly exclude easements, highways, and rights-of-way from the definition of encumbrances for tax deed purposes.

  • Declares an emergency, making the act effective upon passage and approval.

Legislative Description

Amends existing law to provide that for tax deed purposes the term "encumbrances" does not include easements, highways and rights-of-way.

TAX DEEDS

Last Action

Reported Printed; referred to Local Government & Taxation

2/22/2016

Committee Referrals

Judiciary and Rules2/19/2016

Full Bill Text

No bill text available