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Proposition 2, Round 2: Regulatory Takings Bill in the Idaho Legislature

Decision Makers: Idaho House of Representatives House State Affairs Committee

Topic: Proposition 2, Round 2: Regulatory Takings Bill in the Idaho Legislature

(March 31st, 2013 UPDATE:  To date, this bill has not been proposed before the House State Affairs Committee. Thank you to everyone who wrote in or called in opposition to this short-sighted and unnecessary bill!)

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Proposition 2, Round 2: Regulatory Takings Bill in the Idaho Legislature

Contact our local legislators to Vote "NO" on House Bill 160!

This bill could potentially cripple local planning in Idaho and will be considered by the House State Affairs Committee any day. This bill is firmly opposed by the Association of Idaho Cities (AIC), and VARD hopes that you will help us defeat these assaults on land use planning in Idaho.

The following is information from the AIC. 

House Bill 160 is sponsored by Rep. Ed Morse, R-Hayden and makes several major changes to the Idaho Regulatory Takings Act:

  • The bill defines regulatory taking as a reduction in the value of private property of at least 50 percent that is the direct result of a regulatory or administrative action. Cities would be required to compensate property owners for the decrease in value.
  • The new standard for regulatory takings would apply prospectively to state and local regulations adopted after July 1, 2013.
  • Certain regulatory activities are exempt from the provisions of the Regulatory Takings Act, including: water calls and adjudication of water rights; state actions carrying out federal mandates; exaction or impact fee ordinances; preexisting flood plain regulations; and preexisting regulations concerning septic, sewage, garbage, landfills, groundwater, and stormwater. 


House Bill 160 is somewhat similar to Proposition 2, a statewide ballot initiative on regulatory takings proposed in 2006. The initiative was resoundingly defeated at the November 7, 2006 general election by a three-to-one margin.

 The coalition that came together to oppose Prop 2 was perhaps the broadest ever assembled on a public policy issue in Idaho, including Governor Jim Risch, many members of the Idaho Legislature, cities and counties, chambers of commerce, the Building Contractors of Southwestern Idaho, the Idaho Association of Realtors, the Idaho Association of Commerce & Industry, the League of Women Voters, and conservation groups, among others.



There are SERIOUS PROBLEMS with House Bill 160, which are outlined below:


  1. Local land use policies are just one of many interrelated factors that impact the value of land. Others include the availability of infrastructure and services, growth and development trends in the community, the pace of economic growth, and environmental considerations. It is extremely difficult to isolate the effect of a land use policy on property value.

  2. Because local governments don't have the money to pay regulatory takings claims, any local land use policy that results in a takings claim will be repealed. This will result in uncertainty and conflict among neighboring property owners. By separating fundamentally incompatible uses, local planning protects the investments made by farmers and ranchers, commercial and industrial property owners from nearby residential development that could cripple their operations.

  3. Finally, Idaho's locally driven planning process is respectful of private property rights, as demonstrated by the fact that a regulatory takings initiative—Proposition 2—was overwhelmingly defeated at the 2006 general election by a three-to-one margin. 


We urge you to contact our local legislators to respectfully express opposition to House Bill 160. A list of House legislators can be found at: http://legislature.idaho.gov/house/membership.cfm. 

 

EMAIL your opposition to HB 160: (Email is the most efficient way to personally contact our legislators. Please include your name and address in your correspondence.) Teton County, Idaho is in District 32. 


Email House Representatives directly:

Thomas F. Loertscher: tloertscher@house.idaho.gov
Marc Gibbs: MGibbs@house.idaho.gov
Email Senator, John H. Tippets: jtippets@senate.idaho.gov  

PHONE:

Phone your legislators through the Legislative Information Center at (208) 332-1000. Please identify yourself by name and address in order to have your comments considered. 


FAX: Fax a letter to the Legislative Information Center at (208) 334-5397 (fax). The fax may be to the members of the House State Affairs Committee or to particular legislators. Faxes must also have your name and address to be processed.

Thank you!

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