S 1303 — EMINENT DOMAIN – Amends existing law to provide a certain limitation for private property and to provide that certain persons may not serve as a commissioner for an urban renewal board.

13031303, As Amended BY LOCAL GOVERNMENT AND TAXATION COMMITTEE AN ACT RELATING TO EMINENT DOMAIN;

AMENDING SECTION 7-701A, IDAHO CODE, TO PROVIDE THAT A CERTAINMEMBER LIMITATIONAPPOINTED ONTO THE USEBOARD OF EMINENTCOMMISSIONERS DOMAINOF FORAN PRIVATEURBAN PROPERTY;RE- NEWAL AGENCY SHALL VACATE HIS APPOINTMENT UPON LEAVING ELECTED OFFICE ON THE LOCAL GOVERNING BODY AND TO PROVIDE AN EXCEPTION;

AND AMENDING SECTIONSEC- TION 50-2006, IDAHO CODE, TO PROVIDEREVISE THATPROVISIONS CERTAINREGARDING PER- SONS MAY NOT SERVE AS A COMMISSIONER FOR AN URBAN RENEWAL BOARD.AGENCIES;

AND AMENDING SECTION 50-2010, IDAHO CODE, TO REVISE PROVI- SIONS REGARDING THE USE OF EMINENT DOMAIN BY AN URBAN RENEWAL AGENCY.

(3) Any board of commissioners for an urban renewal agency whose membershipmembers isare comprised entirely of membersofficials who are not elected pursuant to section 50-2006,50-2006(b)(3) and (5), Idaho Code, may onlyexercise sug - gest the useright of eminent domaindomain. to acquire private property in an advisory ca - pacity.

AnyHowever, if a board of commissioners for an urban renewal agency includes one (1) or more commissioners that are appointed to the board of commissioners, that board may act only in an advisory capacity to the local governing body with regard to eminent domain decisions, and any final decision on the use of eminent domain shall be made by the electedlocal governing body that created suchthe urban renewal agency.

(7) Any electedurban officialrenewal commissioner who ishas been appointed to the board of commissioners of an urban renewal boardagency by virtue of being a member of the local governing body shall vacate his appointment on suchthe board upon leaving his elected of-position fice.on such local governing body.

Nothing in this paragraph shall prevent such an official from be-being ing otherwise reappointed or elected to an urban renewal board in accor-accordance dance with the provisions of this section.

(f) Upon dissolution of the urban renewal agency, title to all property of the urban renewal agency shall revert to the municipality.

SECTION 3.

That Section 50-2010, Idaho Code, be, and the same is hereby amended to read as follows:

50-2010.

ACQUISITION OF PROPERTY.

(a) An urban renewal agency shall have the right to acquire by negotiation or condemnation any interest in real property, including a fee simple title thereto, which it may deem necessary for or in connection with an urban renewal project and related activities un- der this act.

An urban renewal agency may exercise the power of eminent do- main in the manner now or which may be hereafter provided by any other statu- tory provisions for the exercise of the power of eminent domain.

Any board of commissioners for an urban renewal agency whose members are comprised en - tirely of officials elected pursuant to section 50-2006(b)(3) and (5), Idaho Code, may exercise the right of eminent domain.

However, if a board of com - missioners for an urban renewal agency includes one (1) or more commission - ers that are appointed to the board of commissioners, that board may act only in an advisory capacity to the local governing body with regard to eminent domain decisions, and any final decision on the use of eminent domain shall be made by the local governing body that created the urban renewal agency.

Property already devoted to a public use may be acquired in like manner:

Pro- vided, that no real property belonging to the United States, the state, or any political subdivision of the state, may be acquired without its consent.

(b) In any proceeding to fix or assess compensation for damages for the taking or damaging of property, or any interest therein, through the exer- cise of the power of eminent domain or condemnation, evidence or testimony bearing upon the following matters shall be admissible and shall be consid- ered in fixing such compensation or damages, in addition to evidence or tes- timony otherwise admissible:

(1) any use, condition, occupancy, or operation of such property, which is unlawful or violative of, or subject to elimination, abatement, pro- hibition, or correction under, any law or any ordinance or regulatory measure of the state, county, municipality, other political subdivi- sion, or any agency thereof, in which such property is located, as be- ing unsafe, substandard, insanitary or otherwise contrary to the public health, safety, or welfare;

(2) the effect on the value of such property, of any such use, condi- tion, occupancy, or operation, or of the elimination, abatement, prohi- bition, or correction of any such use, condition, occupancy, or opera- tion.

(c) The foregoing testimony and evidence shall be admissible notwith- standing that no action has been taken by any public body or public officer toward the abatement, prohibition, elimination or correction of any such use, condition, occupancy, or operation.

Testimony or evidence that any public body or public officer charged with the duty or authority so to do has rendered, made or issued any judgment, decree, determination or order for the abatement, prohibition, elimination or correction of any such use, con- dition, occupancy, or operation shall be admissible and shall be prima facie evidence of the existence and character of such use, condition or operation.